The Board has determined that the appellant's substantive appeal was not timely filed, and thus does not have appellate jurisdiction over her claim of entitlement to basic eligibility for VA benefits. The issue of whether new and material evidence has been received to reopen the claim is being remanded for further action.
The deciding factor: The appellant did not file a timely substantive appeal within one year after the RO's denial of her claim, as required by law.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2008
- Citation
- 0843966
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 0843966.
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
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