The Board dismissed the veteran's appeal because he did not file a timely substantive appeal within one year of receiving the September 1999 rating decision.
The deciding factor: The veteran failed to submit a timely substantive appeal as required by VA regulations.
- Claimed conditions
- left pneumothorax, pulmonary contusion, cardiac contusion, multiple rib fractures, frontal/right parietal contusions/hematoma, subarachnoid hemorrhage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2003
- Citation
- 0335226
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 0335226.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 death was caused by a cerebral vascular accident that occurred during his military service, and the Board has determined this condition is related to his service-connected conditions.
- Partly granted
The Board has granted service connection for subarachnoid hemorrhage as secondary to the Veteran's service-connected migraine headaches. However, it denied service connection for cerebrovascular accident (CVA) as secondary to his service-connected migraines.,The cause of the Veteran's death is dismissed due to incomplete processing after a remand.
- Remanded (sent back)
The Board remands the matter to obtain a TERA opinion and relevant treatment records as part of the duty to assist.
- Remanded (sent back)
The Board remands the matter for a review to properly determine the severity of the Veteran's throat cancer residuals, including peripheral neuropathy, loss of dentition, dry mouth, hoarseness, GERD, shortness of breath, left pneumothorax, and rhonchi conditions.
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