The Board dismissed the veteran's appeals for service connection for a right ankle condition, lower back condition, bilateral hearing loss, and bronchial asthma (breathing condition) due to untimely filing of a Notice of Disagreement within one year of the April 2018 rating decision.
The deciding factor: The appeal was dismissed because the Veteran did not file a Notice of Disagreement or submit new and material evidence within one year of the April 2018 rating decision, making it final and non-reconsiderable by the Board.
- Claimed conditions
- right ankle condition, lower back condition, bilateral hearing loss, bronchial asthma (breathing condition)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2024
- Citation
- A24069209
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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