The Veteran's claim for an earlier effective date for the grant of service connection for degenerative changes of the lumbar spine is dismissed as he did not file a timely notice of disagreement with the November 1999 rating decision.,The Veteran's claim for an earlier effective date for the grant of service connection for dysthymic disorder is also dismissed, as he did not file a timely notice of disagreement within one year of the December 1997 rating decision.
The deciding factor: Both claims were denied finality due to the Veteran's failure to file timely notices of disagreement with the respective effective date decisions.,The Veteran had one year from the issuance of the November 1999 and December 1997 rating decisions to file a notice of disagreement, but he did not do so.
- Claimed conditions
- Degenerative Changes of the Lumbar Spine, Dysthymic Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 24, 2010
- Citation
- 1036269
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 1036269.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and remands the case for a VA examination to determine the nature and etiology of the Veteran's acquired psychiatric disorder(s).
- Granted
The Veteran's acquired psychiatric disorders, including PTSD, generalized anxiety disorder, and dysthymic disorder, are granted as at least as likely as not related to in-service military sexual trauma (MSTs). The claim for a sleep disorder is remanded due to duty-to-assist errors.
- Granted
The Veteran's claim for an increased rating of 50 percent for generalized anxiety disorder from March 1, 2023 was granted. The effective date remains pending as the earlier effective date request is separate and distinct.
- Granted
The Board granted service connection for an acquired psychiatric disorder, diagnosed as major depressive disorder (MDD), dysthymic disorder, adjustment disorder with anxiety, general anxiety disorder, and panic disorder, effective December 12, 2024.
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