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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim for service connection for headaches was reopened due to new and material evidence, and the Board found that his current headaches are related to service. Service connection is granted.
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