All appeals for increased ratings and service connection have been withdrawn by the Veteran. The appeal is dismissed.
The deciding factor: The Veteran withdrew all claims on appeal, including those related to radiculopathy of the bilateral lower extremities and tinnitus incurred from VA medical care.
- Claimed conditions
- Degenerative Disc Disease and Intervertebral Disc Syndrome (IVDS) of the lumbar spine, Right ear hearing loss, Left ear hearing loss, Vertigo, Sleep apnea disorder, Special monthly compensation due to aid and attendance or housebound status, Service-connected DDD and IVDS of the lumbar spine effective prior to August 26, 2011, Radiculopathy of the right lower extremity effective prior to August 26, 2011, Radiculopathy of the left lower extremity effective prior to August 26, 2011
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 26, 2023
- Citation
- 23041013
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 23041013.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Dismissed
The appeal for service connection for a right ear hearing loss disability is dismissed. The appeal for service connection for bilateral knee disabilities is denied.
- Denied
The Board has determined that the Veteran's left ear hearing loss disability does not meet or approximate criteria for a compensable (10%) disability rating at any point during the appeal period.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.