The Veteran's appeal for a higher rating for bilateral hearing loss disability has been dismissed. The Board has remanded the issues of service connection for cancer of the trachea and thyroid cancer due to radiation exposure, as well as service connection for sleep apnea and depression.
The deciding factor: The Veteran withdrew his appeal for a higher rating for bilateral hearing loss disability during the April 2019 Board hearing.
- Claimed conditions
- bilateral hearing loss, cancer of the trachea, thyroid cancer, sleep apnea, depression
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Ionizing radiation
- Rating assigned
- None in this decision
- Decision date
- May 23, 2019
- Citation
- 19140242
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19140242.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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