The appeal was dismissed for the issues of entitlement to an effective date prior to September 17, 2013, and entitlement to an initial compensable rating for right ear hearing loss, service connection for left ear hearing loss, service connection for foot fungus, and eligibility for DEA under Chapter 35, Title 38, United States Code. The appeal was denied for the effective date of service connection for bipolar disorder.
The deciding factor: The issues were withdrawn by the appellant at a Board hearing, and no evidence indicated an intent to pursue claims prior to September 17, 2013, for the grant of service connection for bipolar disorder.
- Claimed conditions
- right ear hearing loss, left ear hearing loss, foot fungus, bipolar disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2025
- Citation
- A25016538
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 A25016538.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 case due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
- 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.
- Dismissed
The Veteran withdrew his appeal for service connection of right ear hearing loss, and the case is dismissed.
- 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.
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