The Veteran's appeal for service connection for tinnitus was dismissed as the claim had been fully granted with a maximum schedular rating. The claim for an acquired psychiatric disorder, to include anxiety, depression, and obsessive-compulsive disorder, was reopened due to new evidence received since the previous denial in December 2010. Service connection for a left knee disability is denied, while service connection for a right knee disability remains pending with remand. The Veteran's claim for bilateral hip disability is also pending with remand.
The deciding factor: The Veteran does not have current diagnoses of any left or bilateral hip disabilities and the evidence did not establish that his right knee disability was incurred in service, leading to denial of these claims.
- Claimed conditions
- tinnitus, left knee disability, right knee disability, bilateral hip disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 15, 2019
- Citation
- 19129185
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 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.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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