The Veteran's appeal of a rating in excess of 40 percent for hearing loss prior to August 26, 2019 has been dismissed as the Veteran withdrew his appeal before the Board made a decision.
The deciding factor: The Veteran withdrew his appeal before the Board could make a decision on the matter.
- Claimed conditions
- Hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2020
- Citation
- 20003459
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the Veteran's claim for an initial increased rating for hearing loss, finding that the evidence did not support a compensable rating.
- Remanded (sent back)
The Board remands the claims for service connection for hearing loss, psychiatric disorder, neck disorder, and radiculopathy of both upper and lower extremities to correct duty-to-assist errors.
- Remanded (sent back)
The Board remands the service connection claims for hearing loss, right index finger disability, low back disability, left and right hip disabilities, and left and right knee disabilities to provide the Veteran with proper notice of his right to a hearing before the AOJ.
- Remanded (sent back)
The appeal is remanded to obtain an opinion as to whether it is in the best interest of the Veteran to participate in the PCAFC, given that he has been in need of personal care services for at least six continuous months based on an inability to perform certain ADLs.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.