The Veteran's appeal for service connection for bilateral hearing loss was dismissed. The claims for chronic fatigue syndrome, TBI, migraine headaches, and PTSD were all denied or had their effective dates denied.
The deciding factor: The Veteran withdrew his appeal for service connection for bilateral hearing loss during a hearing. He does not have a current disability of chronic fatigue syndrome. His residuals of TBI are rated as 10 percent disabling. The criteria for higher ratings for migraine headaches and PTSD were not met. Effective dates for service connection or increased ratings were denied.
- Claimed conditions
- bilateral hearing loss, chronic fatigue syndrome, traumatic brain injury (TBI), migraine headaches, posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 22, 2019
- Citation
- 19131141
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- 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.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
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