The Board has dismissed the appellant's appeals for increased evaluations of his service-connected right knee fracture, plantar warts of both feet, and fractured right scapula and clavicle disabilities due to a lack of timely filed substantive appeal.
The deciding factor: The appellant did not file a timely substantive appeal within 60 days after receiving the Statement of the Case (SOC) or within one year from the date of the rating decision. The Board dismissed the appeals as untimely.
- Claimed conditions
- Right Knee Fracture, Plantar Warts of Both Feet, Fractured Right Scapula and Clavicle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2001
- Citation
- 0107361
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 0107361.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 found that the Veteran's pre-existing right knee disability did not increase in severity during service and was clearly and unmistakably not aggravated by any injury or event in service. As a result, the claim for service connection for the right knee disability is denied.
- Denied
The Veteran's initial claim for a higher rating for his right knee disability was denied, and he is currently rated at 50% from February 28, 2021.
- Granted
The Board has determined that the Veteran is entitled to a separate compensable rating of 10 percent for right knee lateral instability, but not higher. The preponderance of evidence does not support a finding of moderate or severe lateral instability.
- Denied
The Board denied service connection for right knee, leg, and ankle disabilities due to lack of evidence showing a current disability resulting from an in-service injury or disease. The Veteran's claims were found not credible regarding continuity of symptoms.
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