The Board dismissed the appeal for service connection for degenerative joint disease of the right knee, right shoulder, left shoulder, and left knee as well as diabetes mellitus type II due to an untimely Notice of Disagreement (NOD) filed more than one year after the initial denial.
The deciding factor: The Veteran's NOD was not timely filed within one year of the AOJ decision in August 2013, and no good cause for the delay was provided.
- Claimed conditions
- Degenerative joint disease (DJD), right knee, Degenerative joint disease (DJD), right shoulder, Degenerative joint disease (DJD), left shoulder, Degenerative joint disease (DJD), left knee, Diabetes mellitus type II
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 7, 2025
- Citation
- A25041551
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Dismissed
The appeal concerning the service connection for various conditions and the propriety of a rating reduction has been withdrawn by the Appellant.
- Dismissed
The Board dismissed the petitions to reopen claims for service connection for diabetes mellitus type II and a right wrist condition due to the withdrawal of the appeals by the Veteran's attorney.
- Denied
The Board denied service connection for diabetes mellitus type II, finding no evidence that the Veteran's diabetes resulted from her active military service or was caused by her service-connected hypertension.
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