The Board denied the Veteran's appeal because his April 2017 substantive appeal was not timely filed, and thus the April 2015 rating decision is final.
The deciding factor: The Veteran did not file a timely substantive appeal after receiving the Statement of the Case (SOC) in January 2017.
- Claimed conditions
- lumbar paravertebral myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2023
- Citation
- 23067761
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 23067761.
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.
- Granted
The Board has granted an effective date of September 20, 1996 for the assignment of a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.
- Granted
The Veteran's service-connected lumbar paravertebral myositis, disc disease, and spine spondylosis rendered him unable to secure or follow a substantially gainful occupation as of March 28, 2018. The Board granted his TDIU claim.
- Dismissed
The Veteran's appeals regarding increased ratings for his service-connected low back and left forearm disabilities have been dismissed due to the Veteran withdrawing his appeal in May 2022.
- Denied
The Board denied the Veteran's claim for a total disability rating based on unemployability prior to December 24, 2020 due to insufficient evidence showing his inability to secure or follow substantially gainful employment.
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