Citation Nr: 18139899
Decision Date: 10/01/18	Archive Date: 10/01/18

DOCKET NO. 16-15 494
DATE:	October 1, 2018
REMANDED
Entitlement to an earlier effective date prior to May 30, 2013, for a rating of 10 percent for service-connected tinnitus, to include the presence of clear and unmistakable error (CUE) in a rating action dated April 1996, is remanded. 
REASONS FOR REMAND
The Veteran served in the United States Air Force from June 1987 to December 1994. 
The Veteran later testified before the undersigned Veterans Law Judge during an August 2017 Travel Board hearing.  A transcript of that hearing has been associated with the record. 
1. Entitlement to an earlier effective date prior to May 30, 2013, for a rating of 10 percent for service-connected tinnitus, to include the presence of CUE in a rating action dated April 1996
While the Board regrets further delay, additional development is required before the Veteran’s claims may be adjudicated on the merits. 
A September 2014 rating decision increased the Veteran’s rating for tinnitus to 10 percent, effective May 30, 2013.  The Veteran and his representative have asserted that the Veteran is entitled to a rating of 10 percent prior to May 30, 2013, for his service-connected tinnitus.  
The Board notes that during the Veteran’s Travel Board hearing, an additional claim involving a claim of CUE with respect to the original April 1996 Regional Office (RO) decision, which granted the Veteran service connection for tinnitus and assigned an initial rating of 0 percent, was raised.  See, August 2017 hearing transcript.  As the Veteran’s appeal now includes a claim of CUE that has not yet been adjudicated, and that claim is inextricably intertwined with the issue of entitlement to an earlier effective date prior to May 30, 2013, for the 10 percent rating for service-connected tinnitus, both issues must be remanded to the RO for the adjudication of the CUE claim.  Harris v. Derwinski, 1 Vet. App. 180 (1991). 
The matter is REMANDED for the following action:
Adjudicate the issue of whether or not the April 1996 rating decision contained clear and unmistakable error in its failure to assign a compensable disability rating for the Veteran’s service-connected tinnitus.  
 
Michael J. Skaltsounis
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	P. Daugherty, Associate Counsel