The appeals for bilateral hearing loss, tinnitus, right ankle disorder, right shoulder disorder, left shoulder disorder, chronic left sternoclavicular joint disorder, left foot disorder, and left lower extremity radiculopathy have been dismissed.,The appeal for PTSD has also been dismissed.
The deciding factor: All of the appeals were dismissed because the Veteran withdrew all but the pending back, right lower extremity, and major depressive disorder appeals prior to the promulgation of a decision on these matters.
- Claimed conditions
- bilateral hearing loss, tinnitus, right ankle disorder, right shoulder disorder, left shoulder disorder, chronic left sternoclavicular joint disorder, left foot disorder, left lower extremity radiculopathy, traumatic brain injury with headaches, pseudofolliculitis barbae (PFB), chronic gastrointestinal disorder, to include irritable bowel syndrome (IBS), posttraumatic stress disorder (PTSD), right temple superficial scar, major depressive disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2019
- Citation
- 19124785
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- 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 claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- 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).
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