The Board dismissed the Veteran's appeals for tinnitus, right ear hearing loss, and left ear hearing loss due to an impermissible concurrent election of appeal lanes.
The deciding factor: The decision was based on a procedural defect arising from the Veteran's simultaneous filing of a Notice of Disagreement and a Supplemental Claim Application, which is not permitted under the Appeals Modernization Act.
- Claimed conditions
- tinnitus, right ear hearing loss, left ear hearing loss
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2025
- Citation
- A25029063
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- 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 tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.