The Veteran's claims for service connection for tinnitus and left ear hearing loss disability are dismissed as the appeal is in the legacy system, not the modernized review system.
The deciding factor: The Veteran did not opt-in to the modernized review system prior to February 19, 2019, or after issuance of a SOC/SSOC following that date. The claims were therefore placed on the legacy system and cannot be reviewed under the AMA.
- Claimed conditions
- tinnitus, left ear hearing loss disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2020
- Citation
- A20017930
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.