The Board dismissed the appeal for an increased rating for a scar from right inguinal hernia repair due to the appellant's withdrawal of the appeal.,New and material evidence has been received to reopen the claim of service connection for bilateral hearing loss, which is now reopened. Service connection for bilateral hearing loss is granted.,Service connection for tinnitus is also granted.
The deciding factor: The Veteran withdrew his appeal for an increased rating for a scar from right inguinal hernia repair prior to the Board's decision.,New and material evidence was received that linked current bilateral hearing loss with noise exposure in service, thus reopening the claim of service connection for bilateral hearing loss. Service connection is granted based on this new evidence.,Service connection for tinnitus is granted as there is credible evidence linking it to noise exposure during service.
- Claimed conditions
- Hearing Loss, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2019
- Citation
- 19187465
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Board denied an increased disability evaluation for PTSD but granted an earlier effective date for TDIU of August 6, 2012.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
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