The Board dismissed the claims for service connection and higher initial disability ratings due to concurrent elections under the Appeals Modernization Act, and denied service connection for bilateral hearing loss as there was no evidence of a current disability or nexus to service.
The deciding factor: The concurrent election of review options under the AMA prohibited further consideration of the claims by the Board.
- Claimed conditions
- Asthma, Bilateral Hearing Loss Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2025
- Citation
- A25039824
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted a 30 percent disability rating for asthma from August 23, 2021 to May 14, 2022.
- Partly granted
The Board granted service connection for a heart condition as secondary to the Veteran's service-connected lymphedema and granted an initial 20% rating for a painful and unstable scar on the right mid-shin, effective April 14, 2022. Other claims were remanded.
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