The veteran's appeals for increased evaluations of his shell fragment wound residuals were dismissed as he did not file a timely substantive appeal.
The deciding factor: The veteran failed to perfect an appeal within the required time frame by filing a VA Form 9 that did not contain specific arguments regarding errors of fact or law with respect to the claims.
- Claimed conditions
- residuals of shell fragment wound to the left calf, residuals of shell fragment wound to the right thigh, residuals of shell fragment wound to the left thigh
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 10, 2001
- Citation
- 0120514
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 0120514.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claim for a higher initial rating for residuals of shell fragment wound to the right thigh was denied as his disability did not meet the criteria for a compensable evaluation.,Service connection for hypertension, high cholesterol, prostate disability, and right lung disability were all denied due to lack of evidence supporting a causal link between these conditions and service.
- Denied
The Board denied an increased rating for the veteran's residuals of shell fragment wound to the right thigh, finding that the current manifestations do not warrant a higher evaluation than the currently assigned 10 percent.
- Denied
The VA denied the veteran's claim for an increased disability rating for his service-connected right thigh disorder, currently rated at 10 percent. The RO found that the current residuals of the shell fragment wound to the right thigh do not warrant a higher rating.
- Granted
The veteran's service-connected disabilities of the right lower extremity have resulted in a significant impairment, necessitating his use of a cane and wheelchair for ambulation. As such, he is eligible for financial assistance in purchasing an automobile or other conveyance.
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