The veteran's appeal was dismissed as he did not file a timely substantive appeal for the September 2005 rating decision that granted service connection for left elbow and right heel disabilities and assigned noncompensable ratings.
The deciding factor: The veteran failed to submit a timely substantive appeal within the required timeframe after receiving the Supplemental Statement of the Case (SSOC).
- Claimed conditions
- residuals of a left elbow fracture, residuals of a right heel fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2008
- Citation
- 0836494
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 0836494.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the claims for further development due to insufficient examination reports regarding flare-ups of symptoms.
- Dismissed
The Veteran's claims for hearing loss, a growth on his chest, and residuals of a lipoma on the head have been withdrawn.,The Veteran's claims for right ankle strain, left knee strain, and residuals of a left elbow fracture have been withdrawn.,The Veteran's claim for an increased initial rating for PTSD with ADHD during the period from September 30, 2015 to June 26, 2017 has been denied.,The Veteran's claims for right shoulder strain, left shoulder strain, and lumbar strain have been remanded.
- Denied
The Veteran's claims for service connection and increased ratings were denied as he failed to report for VA examinations scheduled in conjunction with his claims.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a new examination to assess his left elbow disability and any related neurological symptoms.
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