The Veteran's appeals for service connection and increased ratings have been dismissed due to his withdrawal of the appeals. The Board also remanded several issues including left and right ankle, foot disabilities as well as a TDIU claim.
The deciding factor: The Veteran withdrew his appeals for blurred vision, bilateral hearing loss, dizziness, inhalation injury, degenerative disc disease of the lumbar spine with intervertebral disc syndrome, left knee disability, right knee disability, tinnitus, sleep apnea, GERD, status post excision benign skin mass right wrist with residual scar, headache disability, left cubital and carpal tunnel syndrome, right cubital and carpal tunnel syndrome, right lower extremity radiculopathy, and PTSD.
- Claimed conditions
- blurred vision, bilateral hearing loss, dizziness, inhalation injury, degenerative disc disease of the lumbar spine with intervertebral disc syndrome, left knee disability, right knee disability, tinnitus, sleep apnea, GERD, status post excision benign skin mass right wrist with residual scar, headache disability, left cubital and carpal tunnel syndrome, right cubital and carpal tunnel syndrome, right lower extremity radiculopathy, PTSD
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2019
- Citation
- 19124004
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- 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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