The appeal for service connection for muscle spasms was dismissed as the Veteran did not file a timely appeal to the Court of Appeals for Veterans' Claims or request reconsideration within 120 days.
The deciding factor: The decision is based on the lack of an appeal or motion for reconsideration within the required timeframe, making the September 2022 Board decision final.
- Claimed conditions
- muscle spasms
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2025
- Citation
- A25053446
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claim for service connection for fatigue and muscle spasms, to include CFS, as a VA examination is needed to determine if there is a link between these symptoms and the Veteran's active duty.
- Dismissed
The Board dismissed the appeal due to an impermissible concurrent election of review lanes.
- Denied
The Board denied the veteran's claims for service connection for muscle spasms and obstructive sleep apnea (OSA) on a direct basis, as well as remanded the claim for OSA as secondary to his service-connected psychiatric disorder.
- Partly granted
The veteran's claim for an increased rating for residuals of a broken jaw was granted for specific periods. The claim for TDIU was remanded.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.