The Veteran's appeals for PTSD and bilateral hearing loss ratings have been dismissed. Service connection has been granted for chronic sinusitis, but the appeal seeking service connection for tonsillar cancer and squamous cell carcinoma of the left lymph node gland is remanded.
The deciding factor: The Veteran withdrew his appeals with respect to PTSD and bilateral hearing loss during a videoconference hearing held before the Board. The VA examiner did not address herbicide agent exposure in the June 2016 VA examination for service connection claims involving tonsillar cancer and squamous cell carcinoma of the left lymph node gland.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Bilateral Hearing Loss, Chronic Sinusitis, Residuals of Tonsillar Cancer of the Left Tonsil, Residuals of Squamous Cell Carcinoma of the Left Lymph Node Gland
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- October 29, 2019
- Citation
- 19182042
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
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