The Board dismissed the appellant's appeal as to service connection for right ear hearing loss due to a failure to file a timely Substantive Appeal. The psychiatric disability claim, including PTSD and alcohol dependence, was not addressed further.
The deciding factor: The appellant failed to submit a timely Substantive Appeal with respect to the issue of entitlement to service connection for right ear hearing loss.
- Claimed conditions
- Right Ear Hearing Loss, Psychiatric Disability (claimed as 'nervous condition')
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 16, 2001
- Citation
- 0104971
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 0104971.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board denied the Veteran's claims of service connection for right ear hearing loss and a compensable rating for left ear hearing loss, finding that there was no evidence to support these claims based on in-service noise exposure or other theories.
- Denied
The Veteran's right ear hearing loss disability was not incurred in service and is less likely than not caused by noise exposure during his military service.
- Granted
The Veteran's claims for service connection for HTN and right ear hearing loss were granted. A separate 10% rating was granted for painful limitation of flexion in the bilateral knees, while a denial was issued for an increased rating for central serous choretinopathy and for a rating in excess of 10% for bilateral lateral instability.
- Partly granted
The Veteran's lumbar spine disability, including degenerative arthritis and IVDS, is granted as service-connected.,Service connection for right ear hearing loss, left ear hearing loss, and right knee instability are denied.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.