The appeal for the issues of service connection for various conditions and TDIU was dismissed due to the lack of new and relevant evidence within one year of the final legacy rating decisions.
The deciding factor: No good cause has been established that would permit an extension of time beyond the one-year limit for filing a notice of disagreement (NOD) in the legacy system, and no basis for waiver or forfeiture of the relevant 'claims-processing rule' has been shown.
- Claimed conditions
- bilateral LOWER extremity peripheral neuropathy, bilateral UPPER extremity peripheral neuropathy, RIGHT knee arthritis, LEFT knee joint pain, RIGHT elbow joint pain, LEFT elbow joint pain, plantar fasciitis of the feet, hypertension, gastroesophageal reflux disease (GERD), migraine headaches, posttraumatic stress disorder (PTSD) with insomnia, unspecified personality disorder, sleep disturbance, chronic fatigue syndrome (CFS), fibromyalgia, allergic rhinitis or sinusitis, sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2025
- Citation
- A25032307
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- 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.
- 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.
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