The Veteran's appeals for service connection on the issues of a pulmonary embolism, asthma, right leg vascular condition, left leg vascular condition, high blood pressure, generalized degenerative joint disease, and allergies, bronchitis, and sinusitis have been withdrawn.,Service connection has been granted for tinnitus. The Board found that the Veteran's lay statements supported his claim of in-service acoustic trauma leading to current tinnitus.
The deciding factor: The Veteran withdrew his appeals on these issues at his February 2019 hearing, effectively dismissing them without prejudice.,The VA examiner did not find a link between the Veteran’s tinnitus and service due to normal hearing at enlistment. However, the Board found that the Veteran's lay statements supported his claim of in-service acoustic trauma leading to current tinnitus.
- Claimed conditions
- tinnitus, major depressive disorder (MDD), anxiety disorder, not otherwise specified (NOS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2019
- Citation
- 19148936
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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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