The Board denied the appeal as to the timeliness of the Notice of Disagreement (NOD) for the May 2018 rating decision, which did not receive a valid NOD within one year.
The deciding factor: The August 2019 NOD was submitted after the one-year period and thus was untimely. Additionally, evidence submitted within that timeframe was not new and material to the claims of service connection for right foot pain (arch), sinus nasal congestion, tinnitus, and GERD.
- Claimed conditions
- Posttraumatic stress disorder (PTSD), Right foot pain (arch), Sinus nasal congestion, Tinnitus, Gastroesophageal reflux disease (GERD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2025
- Citation
- A25037832
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 PTSD, resolving reasonable doubt in the Veteran's favor and finding that his PTSD is related to an in-service military sexual trauma (MST) during a period of ACDUTRA.
- Remanded (sent back)
The Board remands the matters for additional development, including obtaining private treatment records and conducting VA examinations.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
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