The Veteran's appeals for increased ratings and service connection were dismissed due to untimely notices of disagreement. The Board also remanded the issue of service connection for a lumbar spine disability.
The deciding factor: The Veteran did not timely file a notice of disagreement within one year from notification of the March 2018 rating decision, which resulted in the dismissal of his appeals.
- Claimed conditions
- Posterior Vitreous Detachment with Bilateral Cataracts, Migraines, including migraine variants, Lumbar Spine Disability (remanded)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2020
- Citation
- A20019270
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 A20019270.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's initial 10% disability rating for migraines, including migraine variants, is granted prior to July 10, 2023. The effective date of the 50% disability rating for migraines is set at July 10, 2023.
- Granted
The Veteran's migraines have been rated at a 30 percent since February 14, 2023. The Board found that the Veteran experienced characteristic prostrating attacks occurring on an average once a month over several months, warranting this rating.
- Granted
The Veteran's service-connected migraines, including migraine variants, are granted a disability rating of 30 percent.
- Partly granted
The Board dismissed the appeal for service connection for OSA and denied a rating in excess of 10 percent for left knee patellofemoral pain syndrome. The remaining issues were remanded for further development.
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