The veteran did not submit a timely Substantive Appeal following the issuance of the November 2005 Statement of Case.
The deciding factor: The appeal was denied because the veteran's Substantive Appeal was received more than 60 days after the Statement of the Case and over one year after the notification letters, failing to meet the legal requirements for a timely appeal.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2008
- Citation
- 0816401
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.