The Veteran's claim for service connection for depression as secondary to bilateral hearing loss is dismissed. The petition to reopen the claims of service connection for bilateral hearing loss and tinnitus has been denied, but a new and material evidence submission related to tinnitus has reopened this claim. Service connection for tinnitus is granted.
The deciding factor: The Veteran withdrew his appeal regarding depression as secondary to bilateral hearing loss at his July 2018 Board hearing. The RO denied service connection for bilateral hearing loss due to lack of current disability, and the Veteran did not submit new and material evidence within one year of the decision. Evidence related to tinnitus was submitted since the January 2007 rating decision, raising a reasonable possibility of substantiating the claim.
- Claimed conditions
- depression, bilateral hearing loss, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2019
- Citation
- 19104583
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- 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.
- 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 tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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