The Veteran's appeal for an increased rating for tinnitus has been dismissed as he did not file a timely Substantive Appeal.,Service connection is denied for the left elbow disability, lumbar spine (lower back) disability, and left hip disability due to lack of diagnosed conditions affecting earning capacity.,A compensable disability rating for bilateral hearing loss is denied based on current audiometric test results.
The deciding factor: The Veteran did not file a timely Substantive Appeal for the issue of entitlement to an initial disability rating in excess of 10 percent for tinnitus, resulting in its dismissal.,There was no diagnosed left elbow disability, lumbar spine (lower back) disability, or left hip disability affecting earning capacity. The pain reported by the Veteran did not result in functional impairment that affected his ability to work.,The Veteran's current audiometric test results do not meet the criteria for a compensable disability rating for bilateral hearing loss.
- Claimed conditions
- tinnitus, left elbow disability, lumbar spine (lower back) disability, left hip disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2019
- Citation
- 19146772
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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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