The Board dismissed the appeal seeking service connection for sleep disturbances, PTSD, and IBS due to an untimely Notice of Disagreement (NOD) filed more than a year after the relevant rating decisions.
The deciding factor: The filing was untimely as no good cause has been shown that would permit the Board to extend the filing period and there was no waiver (implicit or explicit) of the timeliness of the NOD.
- Claimed conditions
- sleep disturbances, post-traumatic stress disorder (PTSD), irritable bowel syndrome (IBS)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2024
- Citation
- A24072098
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, with the exception of remanding certain issues.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Remanded (sent back)
The Board remands the claim for service connection for PTSD to be readjudicated on the merits due to new and relevant evidence.
- Partly granted
The appeal for service connection for fibromyalgia was granted with an effective date of August 14, 2023. The appeals for earlier effective dates and higher ratings were denied.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.