The Board dismissed the veteran's appeal of his noncompensable disability rating for peroneal neuropathy of the right lower extremity due to a failure to file a timely substantive appeal.
The deciding factor: The veteran did not perfect an appeal within the required time frame as specified in the VCAA and VA regulations.
- Claimed conditions
- peroneal neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2006
- Citation
- 0607705
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board found that the veteran's pre-existing right foot and leg disorders, diagnosed as denervation of the dorsiflexors and peroneal neuropathy, clearly and unmistakably existed prior to service. The Board also determined that there was no increase in severity during military service, thus denying service connection for these conditions.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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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.