The veteran's appeal was dismissed because his substantive appeal to the Board with regard to an application to reopen a claim for service connection for back disability, and claims for increased ratings for residuals of an incision affecting the 11th and 12th intercostal nerves, and residuals of nephrolithiasis with a partial left nephrectomy and right pyelolithotomy was not filed within one year of notification of the initial rating decision or within 60 days of the statement of the case.
The deciding factor: The veteran did not perfect an appeal as to his application to reopen a claim for service connection for back disability, and claims for increased ratings for residuals of an incision affecting the 11th and 12th intercostal nerves, and residuals of nephrolithiasis with a partial left nephrectomy and right pyelolithotomy within the required time frame.
- Claimed conditions
- back disability, athlete's foot, dermatitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2004
- Citation
- 0403134
Veterans Law Judge
Decisions by this judge: 1,377 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0403134.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
- Granted
The Board has granted an effective date of June 8, 2022 for the award of service connection for a skin disability (dermatitis). This decision is based on the receipt of an intent to file dated June 8, 2022.
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