The veteran's appeal was dismissed as he did not submit a timely and adequate substantive appeal of the September 2002 rating decision.
The deciding factor: The veteran failed to file a timely and adequate substantive appeal within the required time frame.
- Claimed conditions
- residuals of cold weather injury to the toes bilaterally, laxity of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 2, 2005
- Citation
- 0529420
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 0529420.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 left knee and low back disabilities have been granted, but his increased rating claims for these conditions are being remanded. Additionally, the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities is also being remanded.
- Denied
The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining substantially gainful employment, and the Board finds that he is still capable of sedentary work.
- Granted
The Veteran's claims for increased ratings for osteoarthritis of the left knee and laxity of the left knee were granted, with a disability rating of 20 percent for each condition effective March 19, 2019.
- Dismissed
The Veteran withdrew his appeal for the left knee conditions prior to a decision being made, thus the appeal is dismissed.
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