The Veteran's claims for fibromyalgia and chronic fatigue syndrome have been dismissed as the Veteran withdrew his appeals.,Tinnitus has been granted service connection. The Board found that tinnitus is related to in-service acoustic trauma.
The deciding factor: The Veteran reported experiencing ringing in his ears during service, which he attributed to noise exposure. His current diagnosis of tinnitus was presumed due to military noise exposure within one year of separation from active duty.
- Claimed conditions
- fibromyalgia, chronic fatigue syndrome, tinnitus, back disability, bilateral knee disability, tremors, acquired psychiatric disability (including PTSD and substance abuse)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19187031
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- 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.
- Remanded (sent back)
The Board remands the service connection claim for a bilateral knee disability to correct a pre-decisional duty to assist error, including scheduling an additional VA examination.
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