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
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Dismissed
The appeal for service connection for a left wrist condition was dismissed due to concurrent election of higher-level review. The claims for an initial compensable rating for bilateral pes planus, and for service connection for hearing loss, neck strain, and dermatitis were denied.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- Dismissed
The Board dismissed the claims for service connection for bilateral hearing loss, hypertension, and shortness of breath as untimely. The claim for a back disability was remanded for further development.
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