The Board denied the Veteran's claims for reversal or revision of prior rating decisions on the basis of clear and unmistakable error (CUE) and remanded a claim for service connection for left leg disability.
The deciding factor: The March 2017 RO erred in finding no complaints of tinnitus, but this did not manifestly change the outcome as there was no link to service. The June 2016 decision correctly applied the law and facts at the time, so CUE was not established.
- Claimed conditions
- tinnitus, neck disability (claimed as numbness), left leg disability (claimed as numbness)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2025
- Citation
- A25035737
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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