NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

HERBIE D. VEST, Claimant-Appellant

v.

DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee ______________________

2022-1869 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 21-792, Judge Coral Wong Pietsch. ______________________

Decided: March 8, 2024 ______________________

AMANDA SUNDAY, GloverLuck, LLP, Dallas, TX, argued for claimant-appellant. Also represented by ADAM R. LUCK.

DANIEL FALKNOR, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washing- ton, DC, argued for respondent-appellee. Also represented by BRIAN M. BOYNTON, ERIC P. BRUSKIN, PATRICIA M. MCCARTHY; CHRISTINA LYNN GREGG, Y. KEN LEE, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC. Case: 22-1869 Document: 40 Page: 2 Filed: 03/08/2024

2 VEST v. MCDONOUGH

______________________

Before DYK, CLEVENGER, and CHEN, Circuit Judges. CLEVENGER, Circuit Judge Herbie D. Vest (“Vest”) appeals from the final decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) which dismissed Vest’s appeal for lack of jurisdiction. I. BACKGROUND Vest served on active duty in the United States Army from October 6, 1966, to May 24, 1971. J.A. 11. In May 1971, Vest filed a claim for service connection for hearing loss and “ringing in the ears.” J.A. 12. In a September 15, 1971, rating decision, the Veterans Administration Re- gional Office (“RO”) granted service connection for bilateral hearing loss and tinnitus, each rated at 0%. J.A. 14–15. Subsequently, in a December 17, 1971, decision, the RO de- nied a request for an increased rating for bilateral hearing loss. J.A. 16. Vest sent a letter which was received by the RO on March 10, 1972, (“March 1972 Letter”) which said that “[i]n your letter, dated December 17, 1971 you stated that my bilateral hearing loss continues to 0% . . . . I believe that there may be an error.” J.A. 17. His letter also said that he had “constant ringing in [his] ears.” J.A. 17. On January 28, 2016, Vest filed a separate claim for compensation for Meniere’s disease and “ears-ringing.” J.A. 23, 25. In a July 14, 2016, rating decision, the RO granted service connection for Vest’s “[M]eniere[’]s disease with bilateral hearing loss, tinnitus, and vertigo (claimed as ears ringing and dizziness),” with a 60% disability rating effective December 10, 2015. J.A. 36–37, 109. Vest dis- puted this rating, and on November 23, 2018, the RO con- tinued the rating at 60% for Meniere’s disease. J.A. 53–54. Case: 22-1869 Document: 40 Page: 3 Filed: 03/08/2024

VEST v. MCDONOUGH 3

On April 8, 2019, Vest sent a letter to the Department of Veterans Affairs (“VA”) which argued that his March 1972 Letter was “disagreeing with the December 17, 1971 Decision and expressing his belief that it contained an er- ror.” J.A. 61. Therefore, Vest argued that the March 1972 Letter “to the VA was a NOD under the applicable regula- tions at the time, as it was a written communication ex- pressing dissatisfaction and disagreement with the VA’s noncompensable evaluation for his tinnitus.” J.A. 61. Vest further argued that “[b]ecause [the] VA did not address Mr. Vest’s NOD, it remains pending.” J.A. 61. On February 4, 2020, the RO responded that Vest’s letter “was not ac- cepted as a Notice of Disagreement since you did not state that you