The appeal for a rating in excess of 50 percent for sinusitis with headaches was dismissed due to untimely filing. The appeals for increased ratings and an earlier effective date were denied.
The deciding factor: The December 2024 VA Form 10182 was not filed within one year of the mailing of the letters notifying the Veteran of the May 2012 or December 2015 rating decisions, making it untimely. The evidence did not support a higher rating for the lumbar spine disability.
- Claimed conditions
- Sinusitis with headaches, Degenerative joint disease of the lumbar spine (lumbar spine disability), Radiculopathy and diabetic peripheral neuropathy of the left lower extremity, Radiculopathy and diabetic peripheral neuropathy of the right lower extremity, Malignant neoplasm of lower lobe, bronchus, and lung (lung cancer)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 3, 2025
- Citation
- A25048623
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 all claims for further development, including obtaining outstanding VA treatment records and scheduling the Veteran for examinations to determine the severity of his bilateral shin splints and any right knee or lower leg disorder other than his service-connected right shin splint.
- Denied
The Board denied the Veteran's claims for increased disability ratings for radiculopathy and diabetic peripheral neuropathy of both lower extremities, as the evidence did not support a higher rating based on the current level of impairment.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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