The Board dismissed the claims of service connection for bilateral hearing loss and COPD due to asbestos exposure. The claim for tinnitus was granted, with the decision finding that the Veteran's current tinnitus is at least as likely as not related to his military service.
The deciding factor: The VA examiner opined that the Veteran’s tinnitus is at least as likely as not a symptom associated with his hearing loss, which began in service due to acoustic trauma from howitzer fire and aircraft exposure. The Board found the evidence of record shows acoustic trauma in service and credible assertions of continuous symptoms since service.
- Claimed conditions
- bilateral hearing loss, chronic obstructive pulmonary disease (COPD), tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 17, 2019
- Citation
- 19147156
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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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