The appeal for service connection for a hernia was withdrawn by the Veteran, and the appeals for service connection for a cyst on chest, bilateral hearing loss, and teeth were remanded due to the need for further evidence.
The deciding factor: The decision to dismiss the appeal for a hernia was based on the Veteran's withdrawal of the claim. The remands for the other conditions were necessary due to the lack of medical evidence linking them to service exposure or events.
- Claimed conditions
- hernia, cyst and/or knot on chest, bilateral hearing loss, teeth (cracked)
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 3, 2023
- Citation
- 23000032
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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