The appeal for service connection for lumbago, claimed as lower back disability, is dismissed because the December 2021 notice of disagreement does not apply to a valid target under the modernized review system.
The deciding factor: The April 2017 rating decision was already reviewed and remains in the legacy claims process, making it invalid for the December 2021 notice of disagreement under the modernized review system.
- Claimed conditions
- lumbago, claimed as lower back disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2025
- Citation
- A25038328
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 granted service connection for multiple disabilities, including various musculoskeletal conditions and mental health disorders.
- Dismissed
The appeal was dismissed because the Veteran did not timely file a Board Appeal request with respect to the rating decision issued on September 24, 2021.
- Partly granted
The Veteran's hypertension is granted a 10 percent rating, but no higher. The claims for service connection for edema of the left and right lower extremities, scoliosis, lumbago, dysplasia, left shoulder keloid, and keloid on the right thigh are denied.
- Granted
The veteran's claim for service connection of a lumbar spine disability, including scoliosis and other related conditions, has been granted. The decision is based on evidence showing that the condition progressed during active service.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.