The Veteran's appeals for service connection for left and right torn rotator cuff disabilities have been dismissed due to the Veteran withdrawing her appeal. Her bilateral hearing loss claim has been denied as she did not meet the criteria for a current disability under VA regulations. The Veteran's cervical spine, lumbar spine, and headache conditions are all granted based on continuity of symptomatology since service.,The Veteran's cervical spine and lumbar spine disabilities have been granted due to their connection to her military service through continuous symptoms. Her headaches were also granted as they fall under the category of 'other organic diseases of the nervous system' in VA regulations.
The deciding factor: The Veteran withdrew her appeal for left and right torn rotator cuff disabilities, which led to their dismissal. The denial of bilateral hearing loss was based on the absence of a current disability as defined by VA regulations.,For cervical spine, lumbar spine, and headache conditions, the Board found that there is sufficient evidence of continuity of symptoms since service, meeting the criteria for direct service connection.
- Claimed conditions
- {"condition_name":"Left torn rotator cuff","status":"dismissed"}, {"condition_name":"Right torn rotator cuff","status":"dismissed"}, {"condition_name":"Bilateral hearing loss","status":"denied"}, {"condition_name":"Cervical spine disability","status":"granted"}, {"condition_name":"Lumbar spine disability","status":"granted"}, {"condition_name":"Headaches","status":"granted"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2019
- Citation
- 19183253
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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