The Board has determined that the veteran's appeal was not timely filed and is remanding the case for further action, including consideration of whether a substantive appeal was timely filed.
The deciding factor: The RO denied the veteran's claims in July 2002. The veteran disagreed and submitted a VAF-9 indicating he believed his appeal was timely filed due to delays caused by observance practices in Puerto Rico and other factors. The Board found that the appeal was not timely filed and is remanding for further action.
- Claimed conditions
- left ear condition, cardiovascular disorder, low back disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 5, 2008
- Citation
- 0818515
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 0818515.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Remanded (sent back)
The Board has remanded the claims for a VA examination and medical opinion to determine if the Veteran's low back disorder and bilateral hip disorder are related to his service-connected Crohn's disease.
- Denied
The Board denied the Veteran's claims of service connection for low back disorder, skin disorder, tongue condition, right chest costochondritis, and right hand shaking due to lack of evidence linking these conditions to his military service.
- Granted
The Board has granted service connection for the cause of the Veteran's death, finding that side effects from prescribed medications contributed substantially and materially to his accidental motorcycle collision resulting in fatal injuries.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.