The appeal for a rating in excess of 10 percent for degenerative joint disease of the lumbar spine and service connection claims for left hip pain and left knee pain were dismissed due to untimely filing. The claim for service connection for GERD was remanded.
The deciding factor: The Veteran did not file a timely Notice of Disagreement (NOD) on the correct VA form prescribed by the Secretary, and no good cause has been presented to warrant acceptance of a late filing.
- Claimed conditions
- Degenerative joint disease of the lumbar spine, Left hip pain, Left knee pain, Gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 6, 2025
- Citation
- A25011131
Veterans Law Judge
Decisions by this judge: 1,858 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A25011131.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Veteran's claim for an increased rating of his low back disability is being remanded due to the reduction in evaluation from 40 percent to 20 percent effective May 31, 2014. The RO needs to provide updated VA treatment records and schedule a VA examination to determine the current severity of the disability.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's appeal for service connection for Dupuytren's contracture of the left hand, right hand, and GERD is remanded due to inadequate VA examination opinions and failure to consider toxic exposure risk activities during service.
- Denied
The Veteran's GERD is currently rated at 10 percent disabling, but the Board found that his symptoms do not meet or approximate the criteria for a higher rating.
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