The Board dismissed the Veteran's appeals for service connection for hypertension, migraine headaches, bilateral pes planus, and thoracolumbar spine disability due to an untimely Notice of Disagreement.
The deciding factor: The appeal was defective because it was not timely with respect to the October 2019 and November 2020 rating decisions as it must be filed within one year from the rating decision, and no extension request was submitted.
- Claimed conditions
- hypertensive vascular disease (hypertension), migraine headaches, bilateral pes planus with calcaneal spurs and hallux valgus, claimed as bilateral foot disability, thoracolumbar spine disability, claimed as a lumbar disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2025
- Citation
- A25030162
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
- Partly granted
The Board granted a 30 percent rating for the Veteran's service-connected migraine headaches, but no greater.
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