The Veteran's bilateral hearing loss claim is dismissed as he withdrew the issue from appeal.,Service connection for left and right knee conditions, diagnosed as patellofemoral pain syndrome, is granted due to continuity of symptomatology since service.,Service connection for an acquired psychiatric disorder, including post-traumatic stress disorder (PTSD) and depressive disorder with alcohol dependence, is granted based on credible supporting evidence of in-service stressors and a current diagnosis of PTSD.,Service connection for traumatic brain injury is granted due to a documented in-service skull fracture.
The deciding factor: The Veteran withdrew the issue of bilateral hearing loss from appeal.,The Board found that the Veteran's accounts regarding his knee conditions were credible, raising reasonable doubt as to their initial onset during service.,PTSD was established based on consistent supporting evidence and in-service stressors. The depression symptoms are considered part of PTSD for rating purposes.,Service connection is granted due to a documented in-service injury (skull fracture).
- Claimed conditions
- bilateral hearing loss, left knee condition (patellofemoral pain syndrome), right knee condition (patellofemoral pain syndrome), acquired psychiatric disorder (including post-traumatic stress disorder and depressive disorder with alcohol dependence), traumatic brain injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2019
- Citation
- 19182593
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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