The appeal for service connection for tinnitus was dismissed due to an untimely Notice of Disagreement, and the increased rating claim for left ankle sprain was denied based on the current 10 percent disability rating.
The deciding factor: The December 2021 Notice of Disagreement regarding tinnitus was found to be untimely as it was filed more than a year after the October 2009 rating decision, and no good cause for extending the filing period was shown. For the left ankle sprain, there was no evidence of marked limitation of motion warranting a higher disability rating.
- Claimed conditions
- tinnitus, left ankle sprain
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2025
- Citation
- A25043122
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 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 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 tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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