The Board dismissed the veteran's appeal for service connection for various conditions due to a failure to file a timely notice of disagreement with an AOJ decision from January 2019.
The deciding factor: The Veteran did not file a timely notice of disagreement within one year of the date of notice of the denial, and there was no showing of extraordinary circumstances or due diligence that would justify equitable tolling.
- Claimed conditions
- chronic fatigue syndrome, gastroesophageal reflux disease, headaches, left hip degenerative arthritis, loss of memory, post-traumatic stress disorder or any mental disorder, right hip pain, shortness of breath, sinusitis, skin rash
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2025
- Citation
- A25032304
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted higher ratings for the Veteran's service-connected carpal tunnel syndrome and cubital tunnel syndrome of both upper extremities, but remanded claims for service connection for sinusitis, calcified lymph nodes on the lungs, and cervical strain.
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