The Board dismissed the appeal due to lack of timely filing of a notice of disagreement for the denial of service connection for degenerative disc disease. The Veteran's claims for other conditions were denied as they are not compensable under VA regulations.
The deciding factor: The Veteran did not file a timely notice of disagreement with the February 2002 rating decision denying service connection for degenerative disc disease, which rendered his appeal untimely and dismissed.
- Claimed conditions
- degenerative disc disease of the lumbar spine, lung disorder (chronic obstructive pulmonary disease), hypertension, spleen disorder, kidney cancer or cyst, arthritis, bilateral hearing loss disability, warts on the hands, fungus of the feet, tumor of the neck, tumor of the tongue, sinus disorder, skin disorder (acne), right shoulder disability, residuals of head injury, thyroid disorder, pancreatitis, heart condition (irregular heartbeat), throat cancer (due to Agent Orange exposure), gingivitis/periodontal disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2012
- Citation
- 1233283
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 1233283.
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 Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
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