The Veteran's claim for service connection for left ear hearing loss is dismissed as there was no case or controversy. The claims of service connection for umbilical hernia and systolic ejection murmur are remanded due to the need for medical opinions regarding aggravation during service.
The deciding factor: The Board cannot consider a right ear hearing loss claim because it was not raised in the original appeal, and no denial related to right ear hearing loss was made by the AOJ.
- Claimed conditions
- left ear hearing loss, umbilical hernia (lower abdomen hernia), systolic ejection murmur (heart condition)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 18, 2024
- Citation
- A24039130
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 A24039130.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
- Dismissed
The Board dismissed the Veteran's appeals for service connection of sleep apnea, left lower extremity (LLE) sciatic nerve radiculopathy, and right ear hearing loss due to untimely filing.,The Board also dismissed the appeal for service connection of left ear hearing loss as moot because it was already granted in a prior decision.
- Remanded (sent back)
The Board has remanded the case for further development and consideration of the Veteran's claims for service connection for right ear hearing loss. The Veteran does not have left ear hearing loss for VA purposes.
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