The Board dismissed the appeal of a rating in excess of 10 percent for tinnitus and granted restoration of the 10 percent evaluation for left knee instability. The claims for service connection for right hand and wrist arthritis, migraine headaches, insomnia and sleeplessness, and bilateral hearing loss were reopened due to new and material evidence.
The deciding factor: New and material evidence was received that raised a reasonable possibility of substantiating these claims.
- Claimed conditions
- tinnitus, left knee instability, right hand and wrist arthritis, headaches, insomnia and sleeplessness, bilateral hearing loss
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2020
- Citation
- 20067399
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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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