The Board found that the appellant did not timely file a notice of disagreement with the September 11, 2002 and September 20, 2002 RO determinations regarding overpayment of education benefits. As a result, the appeal is dismissed.
The deciding factor: The appellant's first communication disputing the RO's September 2002 determinations was received by the agency of original jurisdiction on June 25, 2004, which was almost one year past the dates on which the veteran could have filed timely notices of disagreement with the RO's September 11, 2002 and September 20, 2002 determinations.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 15, 2006
- Citation
- 0639138
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 0639138.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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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.