The Board dismissed the appeal as a timely substantive appeal was not received to the April 2003 rating decision denying service connection for a back disorder.
The deciding factor: The Veteran did not file a substantive appeal within the required timeframe, thus the Board lacks jurisdiction to consider this matter.
- Claimed conditions
- back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 12, 2009
- Citation
- 0905068
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 veteran withdrew the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
- Partly granted
The Board denied service connection for pes planus (flat feet) and remanded several other issues, including service connection for various disorders and increased ratings for the right knee. The Board granted a 20 percent rating for right knee instability.
- Denied
The Board denied service connection for a left shoulder disorder, right shoulder disorder, back disorder, and neuropathy as the evidence did not support a finding that these conditions were related to the Veteran's military service.
- Remanded (sent back)
The Board remands the case for further development and verification of any additional periods of active duty, ACDUTRA, or INACDUTRA.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.