The Board dismissed the appeal regarding the timeliness of the May 2017 Notice of Disagreement (NOD) because new service treatment records were associated with the case, necessitating a reconsideration rather than reopening. The issues on appeal have been considered and denied.
The deciding factor: New service treatment records required a reconsideration of the original claim, rendering moot the issue of timeliness of the May 2017 NOD.
- Claimed conditions
- migraines, fibromyalgia, menorrhagia, dysmenorrhea, psychosis, left medial hamstring tendon release for left medial hamstring tear, major depressive disorder, recurrent mild and adjustment disorder with depressed mood
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2022
- Citation
- 22028631
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 22028631.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Denied
The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
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