The appeals for service connection for GERD, a vision disability, hyperlipidemia, and an earlier effective date for the increased rating of bilateral hearing loss were dismissed due to procedural errors in concurrent election of review options. The appeal for a higher rating for bilateral hearing loss was denied.
The deciding factor: The decisions were based on procedural defects related to the Veteran's concurrent election of multiple review options, which is not allowed under VA regulations.
- Claimed conditions
- GERD, Vision Disability (presbyopia and dry eye syndrome), Hyperlipidemia, Bilateral Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 9, 2024
- Citation
- A24064580
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.