The Board dismissed the appeal because a timely substantive appeal was not filed within 60 days of the issuance of the supplemental statement of the case in August 1998.
The deciding factor: The veteran did not file a timely substantive appeal as required by law, and therefore the appeal was dismissed.
- Claimed conditions
- postoperative residuals of C6-7 spondylosis with anterior and intervertebral body fusion, bilateral upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 26, 2000
- Citation
- 0033627
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 0033627.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remands the case for additional development to ensure compliance with prior remand directives.
- Dismissed
The appeal for an earlier effective date for the award of service connection for bilateral upper extremity radiculopathy was dismissed due to a procedural defect.
- Denied
The Board denied service connection for several conditions and dismissed claims related to effective dates, with the exception of granting an initial 30 percent rating for irritable bowel syndrome.
- Granted
The Board granted a 20 percent rating for cervical myofasciitis and service connection for bilateral upper extremity radiculopathy, secondary to the Veteran's service-connected cervical myofasciitis.
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