The appeals for service connection for a bladder disorder, CFS, foot pain, and IBS were dismissed as untimely. The appeals for GERD, migraine headaches, thorax pain, and right knee disorder were remanded to correct duty to assist errors.
The deciding factor: The appeal was dismissed due to the untimeliness of the notice of disagreement (NOD) within one year of notification of the denial of service connection, with no good cause shown. The issues for GERD, migraine headaches, thorax pain, and right knee disorder were remanded to correct a duty to assist error.
- Claimed conditions
- Bladder disorder, Chronic fatigue syndrome (CFS), Foot pain, Irritable bowel syndrome (IBS), Gastroesophageal reflux disease (GERD), Migraine headaches, Thorax pain, Right knee disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 28, 2025
- Citation
- A25038757
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Granted
The Board granted earlier effective dates of November 5, 2021, for the grants of service connection and eligibility for DEA benefits.
- Remanded (sent back)
The Board remands the matters for additional development, including obtaining private treatment records and conducting VA examinations.
- Partly granted
The Board denied increased ratings for bilateral hearing loss, right inguinal hernia, non allergic rhinitis, sinusitis, and irritable bowel syndrome (IBS), while granting service connection for left knee strain and left leg shin splints.
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