The Board dismissed the veteran's appeal because he did not file a timely substantive appeal of his June 1997 rating decision denying an increased rating for hammertoe deformity.
The deciding factor: The veteran failed to submit a timely substantive appeal within one year from the date of the notice of the June 1997 rating action and within 60 days after receiving the statement of the case (SOC).
- Claimed conditions
- hammertoe deformity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 7, 2003
- Citation
- 0315031
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 0315031.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has remanded the issue of service connection for a bilateral foot injury due to insufficient evidence in the VA examination opinions. The Veteran's current foot conditions are being evaluated again with consideration of his reported in-service duties and symptoms.
- Granted
The Veteran's bilateral foot disability, characterized by marked contraction of plantar fascia with dropped forefoot, hammer toes, very painful callosities, and marked varus deformity, more nearly approximates the criteria for a 50 percent disability rating under Diagnostic Code 5278.
- Denied
The Veteran's service-connected disabilities do not preclude her from securing and following substantially gainful employment.
- Denied
The Board found that the Veteran's claimed bilateral foot conditions were not incurred in or aggravated by active service and denied his claims.
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