The Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 have been dismissed due to the failure to timely file a Notice of Disagreement.,New evidence has not been received to reopen the Veteran's claims.
The deciding factor: The Board found that new and relevant evidence had not been received to reopen the Veteran's service connection and compensation under 38 U.S.C. § 1151 claims, as the Veteran did not timely file a Notice of Disagreement.
- Claimed conditions
- Degenerative intervertebral disc disease of the cervical spine (neck injury), Degenerative intervertebral disc disease of the lumbar spine (back injury)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2021
- Citation
- A21020426
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 A21020426.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
- Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
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