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
Veterans Law Judge
Decisions by this judge: 1,726 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board denied increased ratings for sinusitis, fibromyalgia, and IBS but granted service connection for OSA and TBI.
- Partly granted
The Board granted a 70 percent rating for PTSD and service connection for OSA, but remanded the issue of an increased rating for sinusitis, including a separate rating for headaches.
- 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.
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