All appeals for service connection and rating reduction were dismissed due to concurrent election of review options.
The deciding factor: The Veteran submitted an impermissible concurrent election when filing a July 2013 VA Form 20-0995 Supplemental Claim Application while another appeal was pending, leading to the dismissal of all appeals.
- Claimed conditions
- broken right hand, lower lumbar back condition, hearing loss of the right ear, tinnitus, sciatica, radiculopathy, and pain and paresthesia of the right leg, sciatica, radiculopathy, and pain and paresthesia of the left leg, sensorineural hearing loss of the left ear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2025
- Citation
- A25025286
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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