The veteran's appeal for service connection for a back disorder secondary to his right ankle disability was dismissed due to lack of timely filing of a substantive appeal. The TDIU issue is held in abeyance.
The deciding factor: The veteran did not file a timely substantive appeal regarding the claim of entitlement to service connection for a back disorder secondary to the service-connected right ankle disorder, and therefore lacks jurisdiction over this matter.
- Claimed conditions
- reflex sympathetic dystrophy of the right ankle, residuals of a fracture dislocation of the right ankle fracture with traumatic arthritis, back disorder, left hip disorder, left knee disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 1, 2007
- Citation
- 0705976
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 0705976.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for a back disorder, high blood pressure, and type II diabetes mellitus due to errors in development of the claim.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for various hip and lower extremity disorders, including as secondary to a lumbar spine disorder. The case is being returned to the AOJ for further action.
- Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for headaches, right hip disorder, left hip disorder, back disorder, and an acquired psychiatric disorder due to a failure to provide notice regarding the Veteran's right to a hearing.
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