The Board dismissed the Veteran's appeals for hypertension and sleep apnea. The claim of service connection for tinnitus was granted, with a rating of 20 percent effective December 12, 2011. The issue of an initial rating greater than 20 percent for degenerative disc disease, lumbar spine, remains pending.
The deciding factor: The Veteran withdrew his appeals for hypertension and sleep apnea prior to the Board's decision. For tinnitus, the Board found that service connection was warranted based on continuity of symptomatology since service due to in-service noise exposure. The rating of 20 percent for degenerative disc disease, lumbar spine, is upheld as it meets the criteria for a 20 percent evaluation under the Spine Formula.
- Claimed conditions
- hypertension, sleep apnea, tinnitus, degenerative disc disease, lumbar spine, acquired psychiatric disorder (MDD/PTSD), radiculopathy, right lower extremity, radiculopathy, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 25, 2022
- Citation
- 22011010
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 22011010.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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