The Board dismissed the Veteran's appeal for not timely submitting a Notice of Disagreement (NOD) within one year from the date of the mailing of an adverse decision.
The deciding factor: The NOD was untimely and no good cause was provided to extend the filing period.
- Claimed conditions
- drug-induced pulmonary pneumonia, post-traumatic stress disorder (PTSD), chronic fatigue syndrome (CFS), major or mild neurocognitive disorder, limitation of flexion, right knee, total right knee replacement, degenerative arthritis with ankylosis, left hip, strain, pain, limitation of motion, limited extension, degenerative joint disease (DJD), cervical strain, bronchiectasis, sinusitis, limitation of motion of the right ankle, respiration thorax, muscle group IV, left shoulder, injury to intrinsic muscles (group IV) of shoulder, benign neoplasm, endocrine system, benign neoplasm, oral/hard soft tissue loss of supporting structures and/or functional impairment due to scarring, lumbar strain with spinal stenosis, irritable bowel syndrome (IBS), fatty liver disease, hiatal hernia, gastritis, hemorrhoids, eczema on hands, impairment central visual acuity eyes, blepharitis, epididymitis, erectile dysfunction, thrombocytopenia, pernicious anemia, hypertension, labyrinthitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2025
- Citation
- A25028419
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- 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.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.