The Veteran's claims for service connection for right thigh muscle contusion, right ear hearing loss, and left ear hearing loss have been dismissed due to untimeliness of the Notice of Disagreement.,The Veteran's claim for increased evaluation for service-connected left ear hearing loss has also been dismissed due to untimeliness of the Notice of Disagreement.,The Board has remanded the claims for service connection for diabetes mellitus, type II; obstructive sleep apnea; and hypertension.
The deciding factor: The Veteran's Notice of Disagreement was not timely filed with respect to the July 2024 rating decision, which resulted in dismissal of his claims.,The Board found that the Veteran did not file a timely Notice of Disagreement for the increased evaluation claim and thus dismissed it.,The Board determined that remand is necessary due to failure to obtain an adequate medical opinion regarding the nature and etiology of the Veteran's claimed conditions.
- Claimed conditions
- right thigh muscle contusion, right ear hearing loss, left ear hearing loss, diabetes mellitus, type II, obstructive sleep apnea, hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2026
- Citation
- A26000162
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A26000162.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
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