The appeal concerning service connection for a rib fracture was dismissed due to the Veteran not timely filing a VA Form 10182 with the July 2022 rating decision appealed herein. The other claims were remanded for further development.
The deciding factor: The August 2024 VA Form 10182 did not comply with applicable claims processing rules, specifically the time limit to file a VA Form 10182, and good cause was not shown for an extension of time.
- Claimed conditions
- rib fracture, migraines, tinnitus, allergic rhinitis, acquired psychiatric disability, neck disability, bilateral hip disability, bilateral knee disability, back disability, bilateral plantar fasciitis, right shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2025
- Citation
- A25041200
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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