The Board has dismissed the appeals for service connection for dizziness and bilateral tinnitus as the appellant's representative withdrew the appeal in the legacy system.
The deciding factor: The appellant's representative opted into the modernized review system following the issuance of a Supplemental Statement of the Case, which constitutes a withdrawal of the appeal from the legacy system.
- Claimed conditions
- dizziness, bilateral tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2023
- Citation
- 23020103
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 23020103.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 left toe amputation, triple bypass surgery, blockage in legs, and bilateral tinnitus due to procedural errors and the need for additional medical opinions regarding potential exposure to toxins during service.
- Remanded (sent back)
The Board has found that additional VA opinions are needed to address the nature and etiology of the Veteran's dizziness, including benign paroxysmal positional vertigo, and tension headaches, including migraines. The opinions should consider the Veteran's participation in a TERA and the combined effect of all his service-connected disabilities.
- Granted
The Veteran's obstructive sleep apnea is granted as secondary to his service-connected major depressive disorder.,The Veteran's bilateral tinnitus is granted based on in-service noise exposure and current diagnosis.,The Veteran's Non-Hodgkin lymphoma is granted due to presumptive service connection for exposure at Fort McClellan, Alabama.,The Veteran's status post total shoulder replacement, to include degenerative arthritis, is granted as incurred in service.,The Veteran's scar, residual right shoulder surgery, is granted as it is related to his now service-connected status post total shoulder replacement.
- Denied
The Veteran's dizziness condition is rated at a 10 percent disability rating under Diagnostic Code 6204, as the evidence does not show occasional staggering. The Board finds that a higher rating is not warranted.
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