The Veteran's appeal of service connection for hypertension, GERD, and left ear hearing loss has been dismissed. The Veteran's major depression is rated at 70 percent effective August 24, 2018.,A TDIU was granted based on the Veteran's service-connected disabilities.
The deciding factor: The Veteran withdrew his appeal of hypertension and GERD claims prior to a decision being made. The rating for major depression was increased to 70 percent effective August 24, 2018, as it was factually ascertainable that the symptoms were equivalent to those found in an earlier VA mental health treatment record.
- Claimed conditions
- Hypertension, Gastroesophageal reflux disease (GERD), Left ear hearing loss, Major depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 23, 2020
- Citation
- 20068782
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted a 20 percent rating for the Veteran's left knee strain, service connection for right ear hearing loss, and service connection for a right ankle disorder. Other claims were denied or remanded.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Remanded (sent back)
The Board remands the matters for additional development, including obtaining private treatment records and conducting VA examinations.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
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