The appeal was dismissed due to the untimely filing of the Notice of Disagreement within one year after notification of the May 2022 and September 2023 rating decisions.
The deciding factor: The Veteran failed to file a timely Notice of Disagreement with the May 2022 and September 2023 rating decisions, as required by law, and no good cause was shown for an extension.
- Claimed conditions
- Bilateral hearing loss disability, Tinnitus, Back scar, LLE radiculopathy involving the sciatic and femoral nerves, RLE radiculopathy involving the sciatic nerve, Lumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 9, 2025
- Citation
- A25050532
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- 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.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
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