The Board dismissed the veteran's claims for increased ratings and service connection due to lack of timely substantive appeals, except for the claim of an increased rating for residuals of a fracture of the right tibia.
The deciding factor: The veteran did not file a timely substantive appeal on most of his claims within one year after the notice of the rating decision or more than 60 days after receiving the statement of the case.
- Claimed conditions
- duodenal ulcer, headaches, arthritis of the left ankle, knees and hands, left great toe disorder, prostatism, impotency and urinary irregularity
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- September 23, 2002
- Citation
- 0212795
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 0212795.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Remanded (sent back)
The Board remands the claim for an increased initial disability evaluation of headaches due to an inadequate VA examination.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
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