The appeal was dismissed as the notice of disagreement to the rating decision of May 2003, denying benefits under 38 U.S.C.A. § 1805 for a child born with spina bifida, was not timely filed.
The deciding factor: The notice of disagreement was filed more than one year after notification of the adverse determination by the RO, making it untimely and depriving the Board of jurisdiction to consider the merits of the appeal.
- Claimed conditions
- spina bifida
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2008
- Citation
- 0814782
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board denied an effective date prior to January 1, 2020 for the grant of benefits under 38 U.S.C. § 1822 for a child born with spina bifida due to the specific statutory effective date set by The Blue Water Navy Vietnam Veterans Act of 2019.
- Partly granted
The Board denied benefits under 38 U.S.C. § 1815 for a child born with birth defects and remanded the claim for benefits under 38 U.S.C. § 1805 for a child born with spina bifida.
- Remanded (sent back)
The Board remands the case to determine whether the appellant's congenital neural tube defect caused or contributed to his January 1986 hypoxic brain injury event, and if not, to estimate the type and severity of symptoms he would currently exhibit due to spina bifida.
- Remanded (sent back)
The Board remands the case to obtain the Veteran's complete service records and readjudicate the issues of entitlement to benefits for spina bifida and other covered birth defects.
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