The Board granted eligibility for direct payment of fees from past due benefits awarded in the portion of a February 2024 rating decision granting an increased right shoulder disability rating and service connection for a neck disorder, but denied such eligibility for tinnitus and right upper extremity radiculopathy.
The deciding factor: The appellant was eligible for fees for services provided after the initial AOJ decisions with respect to the specific case of the Veteran's right shoulder disability and cervical strain, as these issues were continuously pursued. However, no prior claim had been filed regarding tinnitus or right upper extremity radiculopathy.
- Claimed conditions
- neck disorder, right upper extremity radiculopathy, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2025
- Citation
- A25039192
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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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