The Veteran's appeals seeking higher ratings for his lumbar spine, cervical spine, left shoulder, and bilateral hearing loss disabilities, as well as entitlement to a total disability rating based on individual unemployability (TDIU), have been dismissed due to the Veteran's withdrawal of these appeals.
The deciding factor: The Veteran withdrew his appeals in writing prior to the Board's decision being promulgated.
- Claimed conditions
- residual lumbar strain with levoscoliosis, degenerative disc disease of the cervical spine, degenerative arthritis of the left shoulder, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102557
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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