The Board has dismissed the appeal for service connection of back, left shoulder, and hiatal hernia disabilities as secondary to the veteran's service-connected right knee disability due to a failure to file a timely substantive appeal. The total disability rating based on individual unemployability claim is also denied.
The deciding factor: The veteran did not file a timely substantive appeal for his claims of service connection for back, left shoulder, and hiatal hernia disabilities as secondary to his service-connected right knee disability within the required time frame.
- Claimed conditions
- back disability, hiatal hernia, left shoulder disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- February 9, 2001
- Citation
- 0104202
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 0104202.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- 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).
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
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