The Board dismissed the appeal regarding entitlement to service connection for a psychiatric disability due to lack of jurisdiction, as no timely appeal was filed on this issue. The claim for a left eye disability is remanded for further development.
The deciding factor: The Veteran did not file a timely appeal or supplemental claim for the psychiatric disability and the August 2011 rating decision has been final since August 2012, thus the Board lacks jurisdiction to adjudicate this issue. The left eye disability claim requires additional evidence, specifically VA treatment records from Naval Medical Center San Diego.
- Claimed conditions
- Psychiatric disability, Left eye disability, to include retinal detachment and residuals of retinal detachment treatment
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 22, 2025
- Citation
- A25046275
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 an initial 100 percent rating for psychiatric disability and Meniere's disease, but denied SMC based on the need for regular aid and attendance.
- Partly granted
The Board granted initial ratings of 70 percent for a psychiatric disability, 40 percent for a low back disability, and 20 percent each for bilateral lower extremity radiculopathy involving the sciatic nerve and femoral nerve. The claim for an initial rating greater than 30 percent for irritable bowel syndrome was denied.
- Denied
The Board denied the Veteran's claim for an earlier effective date for the 70 percent rating for his service-connected psychiatric disability, finding that May 9, 2022, was the earliest date as of which it was factually ascertainable based on all evidence of record that an increase in disability had occurred.
- Partly granted
The Board denied higher initial ratings for the Veteran's psychiatric and right shoulder disabilities, but granted SMC based on aid and attendance as of February 9, 2023.
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