The Veteran's appeal was dismissed because he did not file a timely notice of disagreement with the September 2004 rating decision.
The deciding factor: The Veteran failed to submit a timely notice of disagreement within one year of receiving notification of the September 2004 rating decision.
- Claimed conditions
- right shoulder disorder, cervical strain, degenerative joint disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 16, 2010
- Citation
- 1026572
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 1026572.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the veteran's claims for increased ratings and remanded several issues, including service connection for stomach pain.
- Partly granted
The Board granted higher ratings for the Veteran's service-connected carpal tunnel syndrome and cubital tunnel syndrome of both upper extremities, but remanded claims for service connection for sinusitis, calcified lymph nodes on the lungs, and cervical strain.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Denied
The Board denied service connection for hypertension as it was not present during service, was not manifested to a compensable degree within one year of separation from active service and is not otherwise related to service. The claims for service connection for a cervical strain and coccyx bone fracture are remanded.
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