The Board dismissed the appeal for service connection for right shoulder nerve damage as the veteran's Notice of Disagreement was not timely filed. The claims for a neck condition and cervical radiculopathy were remanded for further development.
The deciding factor: The May 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), was not filed within one year of the August 2022 rating decision, and no valid appeal was initiated.
- Claimed conditions
- right shoulder nerve damage, neck condition, to include a pinched nerve in neck, cervical radiculopathy, left upper extremity, cervical radiculopathy, right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 29, 2025
- Citation
- A25047751
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including a back condition, right and left lower extremity sciatic nerve radiculopathy, neck condition, upper extremity radiculopathy, bilateral flatfoot, right foot plantar fasciitis, and right ankle pain, as the current evidence is inadequate to make a decision.
- Partly granted
The Board granted service connection for a back condition, neck condition, bilateral hearing loss, and an acquired psychiatric disorder, to include insomnia disorder. The claims for the remaining conditions were remanded.
- Partly granted
The Board granted service connection for migraine headaches as secondary to the Veteran's asthma with sinusitis, but denied service connection for a low back sprain and plantar fasciitis. The claim for a neck condition was dismissed.
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