The veteran withdrew his appeal for an increased (compensable) rating for the service-connected residuals of multiple shrapnel fragment wounds of the right upper extremity, and the claims for earlier effective dates were denied as no earlier claim was filed.
The deciding factor: The veteran's withdrawal of the appeal for the increased rating for the right upper extremity, combined with the lack of any prior claims or communications indicating an intent to apply for benefits related to tinnitus, left bicep scar, or increased ratings for SFWs, led to the denial of earlier effective dates.
- Claimed conditions
- Residuals of multiple shrapnel/shell fragment wounds (SFWs) of the right upper extremity, Tinnitus, Painful scar associated with the service-connected residuals of an SFW of the left bicep area, Service-connected residuals of multiple SFW's of the left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2008
- Citation
- 0814884
Veterans Law Judge
Decisions by this judge: 2,776 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0814884.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
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