The veteran's appeal for service connection for arthritis of the right shoulder, increased ratings for pes planus and lumbosacral strain with periarthritis, spondylosis and spinal stenosis was dismissed as he did not file a timely substantive appeal.
The deciding factor: The veteran failed to file a properly completed VA Form 9 within the required time frame, thus his appeal was dismissed.
- Claimed conditions
- arthritis of the right shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2003
- Citation
- 0330587
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 0330587.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's service connection claims for various musculoskeletal conditions have been granted, with a specific rating of 40 percent for the right upper extremity weakness resulting from stroke.
- Dismissed
The veteran withdrew all pending appeals, and the Board has no jurisdiction to review these issues.
- Denied
The Board denied service connection for various conditions, including arthritis of the entire skeletal system (other than cervical spine, right shoulder, bilateral hands, and left foot), a left knee condition (other than arthritis), and other specific joints. The claims were not granted.
- Denied
The Board denied the motions for revision of a July 2011 rating decision on the basis of clear and unmistakable error (CUE) to assign separate disability ratings for right knee and shoulder disabilities.
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