The claim for a compensable rating for dry eye syndrome was dismissed due to untimely filing of the Notice of Disagreement (NOD). The Board will remand the service connection claim for an eye disorder, including corneal ulcer, pterygium, pinguecula, retinal fibrosis, arcus senilis, anterior toxic cortical cataract, superficial punctate keratitis (SPK), and visual field constriction.
The deciding factor: The Veteran failed to file a timely Notice of Disagreement (NOD) for the claim regarding a compensable rating for dry eye syndrome. The evidence does not support timeliness, and thus, the benefit of the doubt doctrine is not applicable.
- Claimed conditions
- dry eye syndrome, corneal ulcer, pterygium, pinguecula, retinal fibrosis, arcus senilis, anterior toxic cortical cataract, superficial punctate keratitis (SPK), visual field constriction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2025
- Citation
- A25022811
Veterans Law Judge
Decisions by this judge: 916 · Granted: 40% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A25022811.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board dismissed the appeal of entitlement to service connection for dry eye syndrome claimed as visual impairment, including blurry vision, blindness, double vision due to procedural error. The Veteran's claim for service connection for sleep apnea was denied because there is no evidence of a current diagnosis of sleep apnea.
- Partly granted
The Veteran's claim for an initial compensable rating for OSA is denied as his sleep apnea has not been manifested by persistent daytime hypersomnolence or required use of a breathing assistance device such as a CPAP machine.,The Veteran's claims for service connection for dry eye syndrome and an increased rating for left knee disability are remanded due to procedural errors in the adjudication process.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's dry eye syndrome and conjunctivitis, including any potential service connection or toxic exposure.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and pre-decisional duty-to-assist errors. The claims will be reconsidered with additional examinations.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.