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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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.
- Granted
The Board granted a 10 percent disability rating based on multiple noncompensable service-connected disabilities for the period on appeal prior to May 31, 2016.
- Denied
The Board denied the veteran's claims for an earlier effective date for service connection for right and left pneumothorax, finding that his correspondence did not constitute a valid Notice of Disagreement.
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