The appeal for increased rating evaluations and effective dates was dismissed due to a procedural defect in the Notice of Disagreement (NOD) that was not signed by the Veteran or his authorized representative within the required timeframe.
The deciding factor: The appeal was dismissed because the December 2022 NOD did not comply with claims processing rules as it lacked a signature from the Veteran or his authorized representative, and no response was received to cure this defect within the allotted 60 days.
- Claimed conditions
- lumbosacral strain, posttraumatic stress disorder (PTSD), right lower extremity radiculopathy, pseudofolliculitis barbae and eczema, three service-connected scars, residuals status-post thoracoscopic sympathectomy, fibrous histocytoma excision scar
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2025
- Citation
- A25055980
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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