The Board has dismissed the issue of whether a substantive appeal received on February 5, 2001 was timely filed because it pertains to one of the claims that he already had perfected an appeal to the Board. The Board retains jurisdiction over the other issues: whether new and material evidence has been submitted to reopen the claim for service connection for residuals of a low back injury, and entitlement to a compensable rating for hearing loss in the right ear.
The deciding factor: The veteran's February 5, 2001 substantive appeal was not timely filed because it pertained to one of his already perfected appeals regarding the timeliness issue. The Board retains jurisdiction over the other issues: whether new and material evidence has been submitted to reopen the claim for service connection for residuals of a low back injury, and entitlement to a compensable rating for hearing loss in the right ear.
- Claimed conditions
- residuals of low back injury, hearing loss in right ear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2002
- Citation
- 0213009
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 0213009.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Board dismissed the appeal for service connection of low back injuries due to a withdrawal by the appellant.
- Denied
The Board denied service connection for both the low back and left ankle injuries, finding that there was no evidence of a current disability or relationship to service.
- Remanded (sent back)
The Board has decided that the Veteran's tinnitus is related to his service and granted service connection. However, the hearing loss in his right ear requires further examination and opinion due to insufficient evidence.
- Granted
The Veteran's claim for service connection for sleep apnea was granted. The claims for higher evaluations of GERD, right ear hearing loss, and irritable bowel syndrome are remanded.
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.