The appeal was dismissed due to non-compliance with the claims processing rules and untimely submission of a notice of disagreement.
The deciding factor: The Veteran used an incorrect form for appealing legacy rating decisions, and her appeal was submitted outside the prescribed time limit.
- Claimed conditions
- verrucae vulgaris, abdominal lipodystrophy, allergic rhinitis, bilateral pes planus, recurrent neck pain, right Achilles tendonitis, lump in breast, bilateral, angina (also claimed as chest pain), recurring right shoulder pain, recurring left shoulder pain, skin rash (dermatitis), chronic bronchitis, right hip disorder, low back pain, hypertension, left hip disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2024
- Citation
- A24066336
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Denied
The Board denied increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
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