The Board found that the veteran did not timely file a Notice of Disagreement (NOD) regarding the August 1995 rating decision, and thus denied his appeal.
The deciding factor: The veteran's February 2003 statement expressing disagreement with the August 1995 rating decision was received outside the one-year timeframe from notification of that decision.
- Claimed conditions
- bilateral achilles tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 17, 2007
- Citation
- 0721335
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 0721335.
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.
- Partly granted
The Board granted service connection for bilateral hearing loss, tinnitus, back disability, bilateral achilles tendonitis, gout, diabetes mellitus, type 2 (DMII), obstructive sleep apnea, and an acquired psychiatric disorder, to include anxiety and depression. The Board denied increased ratings for right and left knee degenerative joint disease, separate ratings for instability of the knees, a separate rating for residuals of a right knee meniscectomy, and service connection for bilateral leg pain, posttraumatic stress disorder (PTSD), chronic sinus disability, respiratory disability due to exposure to asbestos, heart murmur, irregular heartbeat, and seizures.
- Granted
The Veteran's service-connected conditions caused him to become obese, which was a substantial factor in causing his obstructive sleep apnea. The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected chronic lumbar strain including status post discectomy residuals with IVDS, bilateral calcaneal heel spur, bilateral achilles tendonitis, and bilateral knee strain with history of patellofemoral syndrome.
- Remanded (sent back)
The Board has remanded the claim due to deficiencies in the February 2015 VA ankle conditions examination findings and for obtaining additional treatment records.
- Remanded (sent back)
The Board has found that there has not been substantial compliance with the most recent remand and additional development is required. Specifically, VA was to request records from treatment provider S.B., but did not do so using the correct street address on Stelton Road.
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