The Board dismissed the claims for compensation under 38 U.S.C. § 1151 for tardive dyskinesia and a cervical spine disability due to an untimely notice of disagreement.
The deciding factor: The VA Form 10182 submitted by the Veteran was not timely, as it did not identify the correct decision date or be filed within one year of the May 2016 rating decision, and thus no valid appeal existed for the Board to consider.
- Claimed conditions
- tardive dyskinesia, cervical spine disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2024
- Citation
- A24072665
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
- Remanded (sent back)
The Board remands the claim for a cervical spine disability to obtain an addendum medical opinion addressing the Veteran's in-service treatment for pack palsy with residual weakness.
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