The appeals for the identification of duty to assist errors during higher-level review for various conditions, including diabetes mellitus, type II, left ear infections, and peripheral neuropathy in both upper and lower extremities, as well as tinnitus, are dismissed.
The deciding factor: The February 2022 HLR decision did not constitute a final, appealable decision concerning the claims for service connection, and the May 2022 VA Form 10182 was not timely filed in response to this non-final decision.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2024
- Citation
- A24063653
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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.