The appeal of the Veteran's claim for a rating in excess of 10 percent for tinnitus is dismissed.,Service connection for bilateral hearing loss was denied as there was no evidence of current bilateral hearing loss for VA purposes.,An effective date earlier than May 24, 2012, for the grant of TDIU is denied because the Veteran did not meet the schedular criteria for TDIU prior to that date.
The deciding factor: The Veteran withdrew his appeal for a rating in excess of 10 percent for tinnitus at the Board hearing.,Bilateral hearing loss was not shown as there was no evidence of current bilateral hearing loss for VA purposes.,TDIU was granted effective May 24, 2012, which is when the Veteran met the schedular criteria for TDIU.
- Claimed conditions
- tinnitus, bilateral hearing loss, low back disorder, bilateral eye disorder/allergies, right knee disorder, skin disorder, GI disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20005374
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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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