The Veteran's appeal for an initial disability rating in excess of 10 percent for tinnitus was dismissed due to the appellant's withdrawal.,Service connection was denied for cervical, low back, and right knee disabilities. The Veteran did not have TBI or a vision problem at any time during the pendency of the claim.
The deciding factor: The preponderance of evidence is against finding that the Veteran had these conditions during service or related to in-service injuries or diseases.,There was no credible evidence supporting the Veteran's claims for TBI, vision problem, and other disabilities.
- Claimed conditions
- tinnitus, cervical disability, low back disability, right knee disabilities, TBI, headaches (including as secondary to TBI), vision problem (including as secondary to TBI), acquired psychiatric disability (to include flashbacks, major depressive disorder, PTSD, and sleeplessness), bilateral tinea pedis (fungus on both feet), right ear hearing loss, left ear hearing loss, bilateral hand pain, stiffness and numbness, right shoulder disability, left shoulder disability, GERD
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2019
- Citation
- 19187488
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- 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.
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