The Veteran's appeal of the increased rating for bilateral tinnitus is dismissed. The claim for service connection for OSA and residuals of a TBI are reopened, but the request to reopen claims for PTSD, hiatal hernia and esophageal ulcer, and abdominal scar are denied.
The deciding factor: The Veteran withdrew his appeal regarding the increased rating for bilateral tinnitus before the Board could make a decision. The claim for service connection for OSA was previously denied in 2010 but new evidence has been submitted that relates to an unestablished fact necessary to substantiate the claim (in-service snoring and choking during sleep). The request to reopen claims for residuals of TBI, PTSD, hiatal hernia and esophageal ulcer, and abdominal scar were not supported by new and material evidence.
- Claimed conditions
- bilateral tinnitus, obstructive sleep apnea (OSA), residuals of a traumatic brain injury (TBI), right shoulder arthritis, posttraumatic stress disorder (PTSD), hiatal hernia and esophageal ulcer, abdominal scar
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- June 5, 2020
- Citation
- 20038787
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20038787.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has remanded the case due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
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