The veteran's notice of disagreement was not timely filed within one year from the date of the December 1997 and January 1998 rating decisions, thus his appeal is dismissed.
The deciding factor: The veteran did not file a timely notice of disagreement as required by VA regulations.
- Claimed conditions
- major depressive disorder, duodenitis, angiolipoma at approximately the L1 level on the left side of the lumbar area, angiolipoma over the left anterior chest at the second to third rib areas, left arm neuropathy, migraine headaches, right elbow condition, right wrist condition, right hand condition, right knee condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 19, 2002
- Citation
- 0208115
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 0208115.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Partly granted
The Board granted service connection for migraine headaches with an initial rating of 50 percent effective from August 10, 2022, and denied the claims for service connection for a right knee disability, obstructive sleep apnea, kidney disability, low back disability, and erectile dysfunction.
- Dismissed
The claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
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