The Board dismissed the Veteran's appeal of service connection for diverticulosis, constipation, diarrhea, and bloat. The claim for TBI was denied. A disability rating of 40 percent from June 17, 2019, to December 19, 2019, for bilateral hearing loss was granted.
The deciding factor: The Veteran withdrew his appeal regarding service connection for diverticulosis, constipation, diarrhea, and bloat prior to the promulgation of a decision. The Board found no evidence of TBI or current disability due to TBI. The December 2019 VA examination showed that the Veteran's bilateral hearing loss was at Level IX in both ears from December 20, 2019.
- Claimed conditions
- diverticulosis, constipation, diarrhea, gastrointestinal impairment
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 28, 2021
- Citation
- 21076845
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 21076845.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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Other Board decisions on a similar condition or argued the same way.
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- Dismissed
The Veteran's appeal for earlier effective dates and increased ratings has been withdrawn by the Veteran's attorney, resulting in the dismissal of the appeal.
- Denied
The Veteran's disability picture, primarily due to Parkinson's disease and related manifestations, does not meet the criteria for SMC at the statutory housebound level as his other disabilities do not yield a combined rating of 60 percent.
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