The Board has determined that the veteran did not timely perfect an appeal of the May 2001 rating decision which denied service connection for a respiratory disorder and anemia, both claimed as being due to an undiagnosed illness. As such, the Board does not have appellate jurisdiction over this claim.
The deciding factor: The veteran's substantive appeal was not timely filed within one year of notification of the RO's adverse determination or 60 days after issuance of the Statement of the Case.
- Claimed conditions
- respiratory disorder, anemia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 18, 2005
- Citation
- 0504651
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 0504651.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's eligibility for PCAFC benefits is remanded due to the AOJ's failure to address whether it is in the best interest of the Veteran to participate in the program. The Board finds that the Veteran has been in need of personal care services for at least six continuous months based on an inability to perform the ADL of bathing.
- Remanded (sent back)
The Board has determined that the claims for service connection must be remanded due to inadequate examinations and opinions. The Veteran's skin disorder, respiratory disorder, Crohn's disease, eye disorder, and migraines are all being reviewed again with new medical evaluations.
- Remanded (sent back)
The Veteran's claims for earlier effective dates and increased ratings are being remanded due to the need for further review of the evidence. The Board is unable to determine if there was a factual increase in disability prior to the effective dates requested, or if service connection should be granted based on the current evidence.
- Remanded (sent back)
The Veteran's claim for service connection for a respiratory disorder, including COPD and emphysema, is being remanded due to the submission of new and relevant evidence. The Board finds that the evidence submitted tends to disprove a link between his current condition and active service.
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