The Board dismissed the veteran's appeal because he did not file a timely substantive appeal following the August 1995 rating decision denying service connection for a nervous disorder.
The deciding factor: The veteran failed to submit a timely substantive appeal within one year of receiving the statement of the case or within sixty days of the issuance of the statement of the case, as required by VA regulations.
- Claimed conditions
- nervous disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2006
- Citation
- 0600305
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claim for an acquired psychiatric disorder to schedule a new VA examination with a psychiatrist or other appropriate medical professional.
- Denied
The Board denied service connection for a nervous disorder, skin disorder, and TDIU due to the appellant's dishonorable discharge resulting from fraudulent enlistment.
- Granted
The Board has granted the Veteran's application to reopen his claims for service connection for various conditions, including headache disorder, glaucoma, bacteria in eyes (eye twitching), COPD, sinus disorder, nervous disorder, sleep disorder, fatigue and lack of energy, prostate cancer, cramping of legs and toes, tingling over the entire body, leg disorder, and numbness of the arms. However, service connection for these conditions has been denied as there is no credible evidence linking them to his military service.
- Denied
The Board denied service connection for hypertension, headaches, and a nervous disorder as the conditions were not shown to be related to the Veteran's active military service.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.