The Veteran withdrew his appeals on all claims related to service connection, including type 2 diabetes mellitus, depression (previously claimed as nervous disorder), skin rash/fungus, left leg disorder, right leg disorder, bilateral hearing loss, tinnitus, and back disorder.
The deciding factor: The Veteran requested the withdrawal of all pending appeals in writing prior to the Board's decision.
- Claimed conditions
- type 2 diabetes mellitus, depression (previously claimed as nervous disorder), skin rash/fungus, left leg disorder, right leg disorder, bilateral hearing loss, tinnitus, back disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20005105
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 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.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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