The appeal on the issues of service connection for left and right foot drop is dismissed.,Service connection for tinnitus is granted. The denial of service connection for a low back disability by a May 1998 rating decision was not the product of clear and unmistakable error (CUE).
The deciding factor: The Veteran withdrew his appeal regarding the claims of service connection for left and right foot drop at his April 2017 Board hearing.,The May 1998 rating decision’s denial of service connection for a low back disability was based on the absence of a current low back disability documented in the December 1997 VA examination, despite the Veteran's complaints of back pain.
- Claimed conditions
- tinnitus, low back disability, left ankle disability, right ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 21, 2018
- Citation
- 18128019
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 18128019.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has expanded the scope of the claim to include any mental health disorder raised by the record and has remanded for additional development regarding service connection for left leg, ankle, and psychiatric disabilities.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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