The appeal as to the proposals to decrease the rating for service-connected hearing loss and discontinue eligibility for DEA benefits, as well as the deferral of service connection for asthma, are dismissed due to lack of jurisdiction.
The deciding factor: The March 2022 decision was only a proposal and had not gone into effect at the time of his appeal, making it non-appealable. The claim for service connection for asthma was deferred and not adjudicated on the merits.
- Claimed conditions
- Asthma, Hearing Loss, Foot Fracture (3rd, 4th, and 5th bones in the right foot)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2024
- Citation
- A24073769
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board denied an increased disability evaluation for PTSD but granted an earlier effective date for TDIU of August 6, 2012.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Dismissed
The Veteran withdrew the appeal in September 2025, stating that she is now 100% permanently and totally disabled effective April 29, 2025.
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