The appeal for service connection for bilateral hearing loss was dismissed due to an untimely Notice of Disagreement. The claims for service connection for left ankle, right ankle, cervical spine, and left tinea pedis disabilities were remanded for further development.
The deciding factor: The claim for service connection for bilateral hearing loss was dismissed because the Notice of Disagreement was filed outside the one-year period required by law. The other claims were remanded to ensure compliance with VA's duty to assist in providing medical examinations and opinions.
- Claimed conditions
- bilateral hearing loss, left ankle disability, right ankle disability, cervical spine disability, left tinea pedis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 3, 2025
- Citation
- A25048617
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
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