The Veteran's appeal of the January 2004 rating decision was dismissed due to failure to timely file a substantive appeal. The issues of entitlement to increased ratings and earlier effective dates are currently on hold as they are inextricably intertwined with the timeliness issue.
The deciding factor: The Veteran did not submit a timely VA Form 9 within one year of the January 2004 rating decision, which resulted in the dismissal of his appeal.
- Claimed conditions
- degenerative disc disease, gastroesophageal reflux disorder (GERD), residuals of bunionectomy of the right foot, residuals of rotator cuff repair of the left shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 8, 2010
- Citation
- 1025396
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 1025396.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
- Partly granted
The Board granted service connection for tinnitus, remanded claims for obstructive sleep apnea (OSA), gastroesophageal reflux disorder (GERD), a mental health condition, and increased ratings for the Veteran's knee strain and scoliosis.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
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