The appeals to reverse, based on clear and unmistakable error (CUE), the December 2021 and October 2023 rating decisions that denied service connection for various disabilities were dismissed.
The deciding factor: The July 2024 Notice of Disagreement was not valid as it was signed by a private attorney who had no legal authority to represent the Veteran at the time, and the Veteran did not submit a new valid Notice of Disagreement within the appeal period.
- Claimed conditions
- left foot disability, right foot disability, left shoulder disability, right shoulder disability, bilateral hearing loss, low back disability, left wrist disability, right wrist disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2025
- Citation
- A25039694
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- 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 service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
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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.