The Board dismissed the issues of entitlement to service connection for pressure triggered paresthesia, bilateral foot onychomycosis, degenerative joint disease with grade 1 spondylolisthesis L5 on S1, and residual injury of the right ankle due to a procedural defect in the filing of the appeal. The issue of entitlement to service connection for obstructive sleep apnea was remanded.
The deciding factor: The appeals were dismissed due to a procedural defect in the filing of the appeal within one year of the February 2008 legacy rating decision, and no good cause was shown to extend the time for filing. The Board also found that the May 2024 VA Form 10182 did not properly activate a legacy appeal under the AMA system.
- Claimed conditions
- pressure triggered paresthesia, bilateral foot onychomycosis, degenerative joint disease with grade 1 spondylolisthesis L5 on S1, residual injury of the right ankle
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2025
- Citation
- A25029255
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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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.