The Board granted an earlier effective date for the assignment of a separate compensable rating for instability of the left and right knees, but denied a higher rating for tinnitus and remanded claims for increased ratings for degenerative changes in the great toes.
The deciding factor: The Veteran's knee instability was ascertainable prior to October 29, 2018, allowing an earlier effective date. The maximum schedular rating for tinnitus is already assigned, and a new examination is needed for the toe conditions due to medication effects not being discounted in previous examinations.
- Claimed conditions
- tinnitus, instability of the left knee, instability of the right knee, degenerative changes of the interphalangeal (IP) joints of the left great toe, degenerative changes of the IP joints of the right great toe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 27, 2025
- Citation
- A25046907
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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