The Board dismissed the appeal for service connection for upper respiratory infection and bilateral flatfoot due to a prohibited concurrent election, denied service connection for bilateral hearing loss, and denied increased ratings for lumbosacral strain and thoracic scoliosis with degenerative disc disease, right knee strain, right wrist strain, and tinnitus.
The deciding factor: The decision was based on the lack of evidence supporting the claims and the Veteran's prohibited concurrent election under the Appeals Modernization Act (AMA).
- Claimed conditions
- upper respiratory infection, bilateral flatfoot, bilateral hearing loss, lumbosacral strain and thoracic scoliosis with degenerative disc disease, right knee strain, right wrist strain, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2025
- Citation
- A25029109
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- 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.
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.