The Board dismissed the veteran's appeals for increased ratings for an acquired psychiatric disorder and bronchial asthma due to a premature Notice of Disagreement filed while a higher-level review was pending.
The deciding factor: The Notice of Disagreement was deemed premature as it was filed concurrently with a request for higher-level review, which is prohibited under the Appeals Modernization Act.
- Claimed conditions
- major depressive disorder with anxiety and panic disorders, other specified eating or feeding disorder, alcohol use disorder, bronchial asthma
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2025
- Citation
- A25028466
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for a liver condition, finding it to be secondary to the Veteran's service-connected depressive disorder.
- Remanded (sent back)
The appeal is remanded for further development and consideration of the Veteran's claims for service connection for various acquired psychiatric disorders.
- Dismissed
The Board dismissed the claims for service connection for bronchial asthma, bilateral knee strain, and lumbosacral strain due to a procedural defect in docketing.
- Granted
The Board granted service connection for a psychiatric disorder, to include PTSD, MDD, and alcohol use disorder, as secondary to the Veteran's service-connected right knee disability and tinnitus.
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