The claim for an initial compensable disability rating for service-connected vertigo is dismissed.,The claim for an effective date earlier than May 1, 2015, for service-connected tinnitus is denied. The earliest date on which service connection for tinnitus may be effective is May 1, 2015.
The deciding factor: There is no longer a separate service connection for vertigo as it was subsumed by the Veteran's service-connected traumatic brain injury.,The first claim for service connection for tinnitus or any claim that may be reasonably construed as including tinnitus was not filed until May 1, 2015.
- Claimed conditions
- Vertigo, Tinnitus, Asthma, Joint Pain, Headaches, Chronic Fatigue Syndrome, Respiratory Condition (Asthma), Bilateral Pes Planus (Flatfeet), Right Shoulder Disability, Left Shoulder Disability, Erectile Dysfunction (Secondary to Left Varicocele), Right Varicocele, Tuberculosis and Residuals
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2021
- Citation
- 21072983
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 21072983.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim of service connection for chronic fatigue syndrome due to conflicting medical evidence regarding the potential diagnosis. The case will be returned to the AOJ for further review and consideration.
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