The Veteran withdrew his appeals for service connection for a cardiovascular disorder, left ankle fracture, and left thumb injury. The appeal was granted for tinnitus as it was found to be related to the Veteran's active duty service. Service connection was denied for hypertension and right knee disorder.
The deciding factor: The Board concluded that the Veteran's claims for service connection for a cardiovascular disorder, left ankle fracture, and left thumb injury were withdrawn by the Veteran prior to promulgation of a decision, thus they are dismissed. Tinnitus was granted as it was associated with his active duty service. Hypertension and right knee disorder were denied due to lack of evidence linking them directly to his service.
- Claimed conditions
- arteriosclerotic heart disease with bypass, residuals of a left ankle fracture, residuals of a left thumb injury, tinnitus, hypertension, right knee disorder, characterized as residuals of a torn right medial collateral ligament
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2009
- Citation
- 0904136
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- 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.
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