The Board dismissed appeals for an earlier effective date for service connection for tinnitus, a higher initial disability rating in excess of 10 percent for tinnitus, and whether new and material evidence has been received to reopen service connection for bilateral hearing loss.,The Board granted reopening of service connection for obstructive sleep apnea, left shoulder impingement syndrome, bicipital tendonitis, labral tear, and shoulder strain. Service connection was also granted for allergic rhinitis.
The deciding factor: The Veteran withdrew the appeals regarding these issues in a hearing testimony.,Evidence received since the March 2007 rating decision is new and material to reopen service connection for obstructive sleep apnea, left shoulder impingement syndrome, bicipital tendonitis, labral tear, and shoulder strain. The Board found that the evidence relates to an unestablished fact of a nexus to service.
- Claimed conditions
- tinnitus, bilateral hearing loss, obstructive sleep apnea, left shoulder impingement syndrome, left shoulder bicipital tendonitis, labral tear, shoulder strain, allergic rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 10, 2019
- Citation
- 19169981
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 19169981.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.