The appeal of entitlement to service connection for hearing loss was dismissed due to an untimely notice of disagreement, while the appeal for depression, secondary to sleep apnea, is remanded for further evidence.
The deciding factor: The December 2021 NOD was not timely as it did not correspond to a decision regarding hearing loss, and thus the appeal for this issue must be dismissed. The appeal for depression, however, requires additional medical evidence due to inadequacies in the previous VA opinion.
- Claimed conditions
- Hearing loss, Depression, to include as secondary to service-connected sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2025
- Citation
- A25045014
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for multiple myeloma, back disability (secondary to multiple myeloma), and depression, with an effective date of January 26, 2021. The decision also remanded claims related to breast cancer, DEA benefits, and initial ratings.
- Denied
The veteran's bad conduct discharge precludes eligibility for VA benefits, including compensation and healthcare.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder, to include posttraumatic stress disorder, depression, and personality disorder, due to the need for further development of the record.
- Dismissed
The appeal was dismissed due to the death of the Appellant during its pendency.
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