The Board found that the veteran's substantive appeal of the May 2000 rating decision was not timely filed, and thus his appellate rights regarding this decision expired.
The deciding factor: The veteran did not file a timely substantive appeal following the issuance of the statement of the case in August 2001.
- Claimed conditions
- hiatal hernia, asbestosis, chronic acquired psychiatric disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 28, 2004
- Citation
- 0416967
Veterans Law Judge
Decisions by this judge: 1,467 · Granted: 18% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0416967.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance from another person, warranting special monthly compensation (SMC) based on aid and attendance.
- Granted
The Veteran's asbestosis disability is rated at 100% from December 2, 2024 to January 16, 2026. The issue of entitlement to TDIU is dismissed as moot.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inadequate development of her exposure history and lack of adequate medical opinions. The case will be returned to the AOJ for further action.
- Granted
The Veteran's TDIU rating is granted with an effective date of March 15, 2017.
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