The Board has dismissed the appeal because a timely substantive appeal was not received within the required time frame.
The deciding factor: The Veteran did not file a timely substantive appeal as required by law and regulations.
- Claimed conditions
- dyspepsia, low back strain, right shoulder strain, left shoulder strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 3, 2010
- Citation
- 1016158
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 1016158.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 all his appeals, including the one for an increased rating for low back strain.
- Denied
The Board has denied the Veteran's claim for service connection for right shoulder strain as there is no evidence of a chronic condition in service or within one year after discharge, and the medical opinion found that his current condition is not related to his military service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for athletes' foot, low back strain, and plantar fasciitis due to a lack of a VA examination prior to the August 2020 rating decision.
- Partly granted
The Veteran's hypertension, left shoulder strain, and right shoulder disability are all granted as service-connected.,The Veteran is also remanded for a rating in excess of 10 percent for degenerative arthritis of the spine and for service connection for sleep apnea.
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