The veteran's appeals for increased ratings for gastritis and a low back condition were not timely filed, resulting in the dismissal of these claims.
The deciding factor: The veteran did not file a timely substantive appeal within one year of receiving notification of the rating decision or within sixty days of receiving the Statement of the Case.
- Claimed conditions
- gastritis, low back disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2006
- Citation
- 0602181
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Remanded (sent back)
The Board remands the claim for service connection for a low back disorder to obtain additional medical evidence and ensure that the Veteran is afforded every possible consideration.
- Granted
The Board granted a rating of 60 percent from January 27, 2016 to July 7, 2022 for the Veteran's duodenal ulcer, duodenitis, gastritis, and gastroesophageal reflux disease (GERD).
- Dismissed
The appeal for service connection for a low back disorder was dismissed as the RO granted service connection in a November 2023 rating decision.
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