The Board dismissed the appeal for service connection for a back disability, hearing loss, poor vision, right foot disability, and left foot disability due to an impermissible concurrent election.
The deciding factor: The September 2024 Notice of Disagreement was docketed prior to adjudication of the August 2024 supplemental claim and without first withdrawing that pending review request, making it an impermissible concurrent election.
- Claimed conditions
- back disability, hearing loss, poor vision, right foot disability, left foot disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2025
- Citation
- A25036565
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Partly granted
The Board granted a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
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