The Board has dismissed the Veteran's claims for service connection for chronic fatigue syndrome, traumatic brain injury, and bilateral hearing loss. The Veteran was granted a TDIU based on his service-connected disabilities.
The deciding factor: The Veteran withdrew his appeals for chronic fatigue syndrome and traumatic brain injury before the decision could be made. His claim for bilateral hearing loss did not meet the new and material evidence requirement. The Board found that his service-connected conditions, including PTSD, sinusitis, tinnitus, and allergic rhinitis, rendered him unable to secure or maintain substantially gainful employment.
- Claimed conditions
- chronic fatigue syndrome, traumatic brain injury, bilateral hearing loss, PTSD, chronic sinusitis, tinnitus, allergic rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2019
- Citation
- 19178369
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Denied
The Board denied increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- 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.
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