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
Veterans Law Judge
Decisions by this judge: 1,836 · Granted: 31% (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 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
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