The Board has determined that the veteran did not file a timely Notice of Disagreement (NOD) with respect to an August 2001 rating decision denying service connection for heart disease, residuals of prostate cancer, and a psychiatric disability. As such, the appeal is dismissed.
The deciding factor: The veteran failed to submit a timely NOD within one year from notification of the August 2001 rating decision.
- Claimed conditions
- heart disease, residuals of prostate cancer, psychiatric disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2006
- Citation
- 0600973
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 a psychiatric disability to correct a pre-decisional duty to assist error, specifically regarding the presumption of soundness at entrance into service.
- Denied
The Board denied higher initial disability ratings for the service-connected psychiatric disability and denied earlier effective dates for TDIU, SMC at the schedular housebound rate, and DEA benefits.
- Partly granted
The Board granted a 70 percent disability rating for the Veteran's psychiatric disability and also granted a total disability rating based on individual unemployability (TDIU), but denied an earlier effective date for service connection.
- Remanded (sent back)
The Board remands the claims for service connection for an eye condition, hearing loss, heart disease, arthritis, and diabetes due to a regulatory duty to assist error.
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