The veteran's appeal to establish that he timely filed a Substantive Appeal with respect to the August 2002 rating decision that denied entitlement to service connection for PTSD is dismissed due to lack of jurisdiction. The case is remanded for proper notification and readjudication.
The deciding factor: The RO did not receive any substantive appeal within the applicable time limit, which was either 60 days from the December 2, 2002 RO letter or within 1 year of the October 1, 2002 letter. The veteran's VA Form 9 submitted in October 2003 was deemed to be a request to reopen the PTSD claim that had been denied in the August 2002 rating decision and confirmed in the September 2002 rating decision.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2007
- Citation
- 0735148
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 0735148.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claim for an effective date prior to December 27, 2019 for the grant of service connection for PTSD was denied as there is no earlier claim document in the claims file and the Veteran did not timely perfect an appeal.
- Granted
The Veteran's PTSD is granted as a result of military sexual trauma (MST) that occurred during service. The Board found the Veteran's testimony and supporting evidence credible, including her VA and private treatment records.
- Granted
The Veteran's claim for TDIU is granted with an effective date of August 17, 2022. The decision also denies the Veteran's request for Special Monthly Compensation (SMC) due to lack of need for aid and attendance or being housebound.
- Granted
The Board has granted eligibility to attorney fees based on past-due benefits awarded in the October 2024 rating decision for an increased PTSD rating and denied TDIU.
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