The appeal was dismissed because the Veteran's substantive appeal regarding his increased ratings and service connection claims for ankle sprains, hearing loss, knee disability, foot disability, and anxiety disorder was not timely filed.
The deciding factor: The appeal was dismissed due to the lack of a timely filed VA Form 9 within the required time frame following the issuance of the Statement of the Case (SOC).
- Claimed conditions
- left ankle sprain, right ankle sprain, left ear hearing loss, anxiety disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 20, 2019
- Citation
- 19164504
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 19164504.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Partly granted
The Board granted a 20 percent rating for the service-connected right ankle sprain, but denied an increased rating in excess of 20 percent.
- Remanded (sent back)
The Board remands the claim for service connection of left ear hearing loss due to a pre-decisional duty to assist error, as an addendum opinion is necessary to address evidence of in-service hearing loss and convert audiometric testing results from ASA to ISO-ANSI standards.
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