The Board has determined that the veteran did not timely file a Substantive Appeal regarding the April 2004 rating decision, thus the claims for increased ratings for left ankle disability and bilateral shin splints are dismissed due to lack of jurisdiction.
The deciding factor: The veteran failed to file a timely Substantive Appeal within one year of receiving notice of the April 2004 rating decision or within 60 days of receiving the SOC, as required by VA regulations.
- Claimed conditions
- Left Ankle Arthritis, Bilateral Shin Splints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 2, 2007
- Citation
- 0706035
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 0706035.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for Obstructive Sleep Apnea and remanded the issue of service connection for Bilateral Shin Splints.
- Denied
The Veteran's claims for right knee degenerative arthritis, bilateral shin splints, GERD, and bone spurs of the right and left toes were denied. An initial 10 percent rating was granted prior to August 14, 2024, for right knee degenerative arthritis.
- Remanded (sent back)
The Board remands the claims for service connection for GERD, an initial disability rating in excess of 10 percent for right knee strain, and a compensable initial disability rating for bilateral shin splints to correct pre-decisional errors.
- Partly granted
The Board granted service connection for GERD, obstructive sleep apnea, and increased the ratings for PTSD and bilateral shin splints.
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