The Veteran's claim for service connection for gall bladder removal scars has been dismissed.,The Veteran's claim for service connection for a right knee condition has been dismissed.,The Veteran's claim for service connection for tinnitus has been granted.,The Veteran's claim for service connection for left ear hearing loss is remanded.,The Veteran's claim for service connection for right ear hearing loss is remanded.,The Veteran's claim for service connection for a low back disability (claimed as degenerative disc disease of the lumbar spine) is remanded.
The deciding factor: In October 2019, prior to the promulgation of a decision in the appeal, the Veteran notified VA that he withdrew his claims for service connection for gall bladder removal scars and right knee condition.,The Board found that the evidence was in relative equipoise regarding the etiology of the Veteran's tinnitus, favoring the Veteran's reports of an in-service onset and continuous symptoms to present. As a result, service connection for tinnitus has been granted.
- Claimed conditions
- gall bladder removal scars, right knee condition, tinnitus, left ear hearing loss, right ear hearing loss, low back disability (claimed as degenerative disc disease of the lumbar spine)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2020
- Citation
- 20000755
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 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.
- 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.
- 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 tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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