The Board has dismissed the claims of service connection for right ear hearing loss and tinnitus as they have already been granted in a March 2019 rating decision. The claim for left ear hearing loss is remanded.
The deciding factor: The Board found that the grants of service connection for right ear hearing loss and tinnitus in the March 2019 rating decision constitute full awards of the benefits sought on appeal with respect to these two issues, thus dismissing the claims.
- Claimed conditions
- right ear hearing loss, tinnitus, left ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 14, 2019
- Citation
- 19146726
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- 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.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.