The Board dismissed the claims for service connection for right and left ear sensorineural hearing loss as there was no appealable determination in the year prior to the filing of the Notice of Disagreement.
The deciding factor: There was no adjudicative determination by the agency of original jurisdiction that could be appealed, thus no case or controversy for the Board to adjudicate.
- Claimed conditions
- right ear sensorineural hearing loss, left ear sensorineural hearing loss
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2024
- Citation
- A24069726
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the claim for service connection for right ear sensorineural hearing loss to obtain additional medical evidence regarding its etiology, including considering the Veteran's presumed in-service toxic exposure risk activities.
- Partly granted
The Veteran's left ear sensorineural hearing loss was granted, while the claims for right ear hearing loss, thoracolumbar spine condition, cervical strain, and right lower extremity radiculopathy were denied.
- Partly granted
The Board granted an initial increased disability evaluation rating of 40 percent for service-connected left and right lower extremity radiculopathy, sciatic. The other issues were remanded.
- Partly granted
The Board denied a rating in excess of 10 percent for tinnitus and remanded the claim for a compensable rating for left ear sensorineural hearing loss due to an unperformed VA examination.
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