The veteran's appeal for service connection for bilateral hearing loss and epilepsy was denied as the Board Appeal request was not timely filed, and good cause has not been shown to accept the late filing.
The deciding factor: The Veteran did not file a timely Board Appeal request within one year of the rating decisions issued on August 27, 2021, September 2, 2021, and August 2, 2022, and good cause has not been established to extend the time limit.
- Claimed conditions
- Bilateral hearing loss, Epilepsy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2025
- Citation
- A25045011
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 the veteran's claim for service connection for bilateral hearing loss, as there was no evidence of a current disability in the right ear and insufficient evidence to establish a nexus between the left ear hearing loss and service.
- Remanded (sent back)
The Board remands the matter for a medical clarification regarding whether the Veteran's service-connected epilepsy has aggravated his bilateral hearing loss.
- Remanded (sent back)
The Board remands the claim for service connection for bilateral hearing loss to obtain an addendum opinion addressing the Veteran's lay statements regarding in-service acoustic trauma and a rocket blast injury.
- 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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