The Veteran's claim for service connection for soft tissue sarcoma, to include as due to herbicide exposure is dismissed.,Service connection granted for bilateral tinnitus. The Board finds that the evidence is in relative equipoise regarding whether the Veteran’s bilateral tinnitus is related to service.,Service connection denied for neuropathy of the bilateral lower extremities. The Board found that the condition did not have its onset during service and is not otherwise related to service, including alleged herbicide exposure.
The deciding factor: The Veteran withdrew his claim for soft tissue sarcoma, to include as due to herbicide exposure prior to a decision being made.,The Board found that the evidence was in equipoise regarding whether the Veteran's bilateral tinnitus is related to service. The Veteran testified about hearing loss and ringing in his ears during service, which he believes are related to combat noise exposure and use of weapons.,Service connection for neuropathy of the bilateral lower extremities could not be established on a presumptive basis due to lack of herbicide exposure. The Board found that there was no evidence linking the condition to service.
- Claimed conditions
- soft tissue sarcoma, bilateral tinnitus, neuropathy of bilateral lower extremities
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- August 8, 2019
- Citation
- 19161575
Veterans Law Judge
Decisions by this judge: 1,858 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19161575.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has remanded the claims for service connection for left toe amputation, triple bypass surgery, blockage in legs, and bilateral tinnitus due to procedural errors and the need for additional medical opinions regarding potential exposure to toxins during service.
- Granted
The Veteran's obstructive sleep apnea is granted as secondary to his service-connected major depressive disorder.,The Veteran's bilateral tinnitus is granted based on in-service noise exposure and current diagnosis.,The Veteran's Non-Hodgkin lymphoma is granted due to presumptive service connection for exposure at Fort McClellan, Alabama.,The Veteran's status post total shoulder replacement, to include degenerative arthritis, is granted as incurred in service.,The Veteran's scar, residual right shoulder surgery, is granted as it is related to his now service-connected status post total shoulder replacement.
- Granted
The Board has granted service connection for bilateral tinnitus and normocytic anemia as secondary to service-connected chronic hemorrhoids. The claim of entitlement to service connection for left inguinal hernia is remanded due to a pre-decisional duty to assist error.
- Granted
The Board has granted service connection for bilateral hearing loss and bilateral tinnitus, finding that the Veteran's conditions are causally related to his in-service hazardous noise exposure. The Board considered the Veteran's credible testimony regarding the onset of these conditions during service.
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