The Board dismissed the appeal because the veteran's substantive appeal was not timely filed with respect to his claim for an increased evaluation for right hallux limitus.
The deciding factor: The veteran did not file a timely substantive appeal within one year of receiving notification of the denial, as required by VA regulations.
- Claimed conditions
- right hallux limitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2001
- Citation
- 0125442
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 0125442.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's right hallux limitus is granted as secondary to his service-connected open dislocation of metatarsophalangeal joint right great toe and fractured based of third metatarsal. The issue of an initial rating in excess of 10 percent for right foot injury residuals remains pending.
- Dismissed
The Veteran's appeals regarding service connection and disability ratings for various foot conditions have been dismissed. The Board also granted TDIU from July 11, 2014 to June 1, 2015.
- Denied
The Board found that the Veteran's current right great toe disabilities, including arthritis and hallux limitus, did not manifest within one year of separation from service or were related to his service-connected left great toe disability. Therefore, service connection for these conditions was denied.
- Remanded (sent back)
The Board has ordered additional development due to the need for an etiological opinion regarding the veteran's bilateral foot disabilities, including whether his limited ankle motion pre-existed service and if it worsened during service.
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