The Board has dismissed the appeal for a higher initial rating for lumbar spine disability. The service connection claims for TBI residuals, right ear sensorineural hearing loss, and left ear sensorineural hearing loss have been denied. The claim for PTSD is remanded.
The deciding factor: The Veteran did not experience a traumatic brain injury event during service, and the weight of evidence does not support a finding that current hearing loss disabilities are related to service.
- Claimed conditions
- lumbar spine intervertebral disc syndrome, posttraumatic stress disorder (PTSD), right ear sensorineural hearing loss, left ear sensorineural hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2019
- Citation
- 19143005
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Dismissed
The Veteran withdrew the appeal for an increased rating of his service-connected PTSD during a Board hearing, and the appeal is therefore dismissed.
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