The appeal for an increased rating for tinnitus is dismissed. The October 2014 Notice of Disagreement was timely regarding the November 2013 and February 2014 rating decisions, but the June 2018 NOD was not valid as it raised issues that had never been adjudicated before.
The deciding factor: The Veteran withdrew his claim for an increased rating for tinnitus during his hearing. The October 2014 Notice of Disagreement was timely regarding the November 2013 and February 2014 rating decisions, but the June 2018 NOD raised issues that had not been adjudicated before.
- Claimed conditions
- tinnitus, lumbar spine, cervical spine, bilateral hearing loss, pes planus of the bilateral feet, vertigo, Meniere's disease, bilateral ankles
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2020
- Citation
- 20080249
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.