The Board dismissed the Veteran's appeals for service connection for a back disability, right shoulder, and GERD due to untimely Notice of Disagreement.
The deciding factor: The Notice of Disagreement was filed more than one year after the September 2021 rating decision, making it untimely.
- Claimed conditions
- back disability, right shoulder, gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2025
- Citation
- A25038324
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Denied
The Board denied a rating in excess of 10 percent for gastroesophageal reflux disease (GERD) as the appellant does not have a documented history of recurrent or refractory esophageal stricture(s).
- Denied
The Board denied the claims for an initial compensable disability rating for right inguinal hernia surgery and service connection for a low back disability, as well as remanded the claims for service connection for GERD and entitlement to an increased rating for hypertension.
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