The Board dismissed the appeal for service connection for a respiratory disorder manifested by shortness of breath based on new and relevant evidence, as there was no adjudicative decision from which to file a Notice of Disagreement.
The deciding factor: The April 2024 action was not an adjudicative decision from which a Notice of Disagreement could be filed, thus the Board lacks jurisdiction over the appeal.
- Claimed conditions
- respiratory disorder manifested by shortness of breath
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2025
- Citation
- A25034494
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claims for service connection and a higher rating due to missing VA treatment records that are within its constructive possession.
- Remanded (sent back)
The Board remands the claim for service connection for sarcoidosis as new and relevant evidence has been received since the previous denial.
- 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 appeal for service connection for a left-hand condition is dismissed as the Veteran was granted service connection for mononeuropathy to the left hand fourth finger with parasthesia of skin in an October 2025 rating decision.
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