The appeal as to claims for higher initial ratings for the veteran's service-connected disabilities was denied on jurisdictional grounds due to a lack of timely substantive appeal.
The deciding factor: No document received within the 60-day period following the issuance of the SOC can be construed as a timely substantive appeal, and thus the Board lacks jurisdiction to consider these claims on the merits.
- Claimed conditions
- status post salpingo-oophorectomy, to include lysis of adhesions with scar and abdominal pain, left ulnar neuropathy with compression left elbow and wrist, immersion foot with periodic episodes of sores on the feet, gastroesophageal reflux disease (GERD), hepatitis C
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2008
- Citation
- 0809778
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Denied
The Board denied a rating in excess of 10 percent for gastroesophageal reflux disease (GERD) as the appellant does not have a documented history of recurrent or refractory esophageal stricture(s).
- Denied
The Board denied the claims for an initial compensable disability rating for right inguinal hernia surgery and service connection for a low back disability, as well as remanded the claims for service connection for GERD and entitlement to an increased rating for hypertension.
- Denied
The Board denied service connection for hepatitis C, jaundice, hypogeusia, and hyposmia as there was no evidence of a current disability during the pendency of the claim.
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