The appeal pertaining to the issue of entitlement to a rating in excess of 10 percent for tinnitus is dismissed.,The appeals for ratings in excess of 40 and 60 percent for diabetes mellitus, type II with associated erectile dysfunction and diabetic nephropathy are denied.,The claim for service connection for obstructive sleep apnea due to exposure to herbicide agents is remanded.
The deciding factor: The Veteran withdrew his appeal pertaining to the issue of entitlement to a rating in excess of 10 percent for tinnitus prior to the Board's decision.,The evidence does not meet the criteria for a higher rating under DC 7913, as there are no episodes of ketoacidosis or hypoglycemic reactions requiring hospitalization or visits to a diabetic care provider.,The Veteran's diabetic nephropathy does not result in renal dysfunction that would warrant a higher rating based on renal dysfunction criteria.
- Claimed conditions
- tinnitus, diabetes mellitus, type II, diabetic nephropathy, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2023
- Citation
- A23031014
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 A23031014.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 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.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of 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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