The veteran did not file a timely substantive appeal regarding the denial of increased ratings for patellofemoral syndrome of each knee and residuals of a left rotator cuff injury and a fracture of the left fibula, thus the claim was dismissed.
The deciding factor: The notice letters were presumed to be properly mailed and forwarded, and there is no evidence that the veteran received them late or that he requested an extension of time for filing his appeal.
- Claimed conditions
- patellofemoral syndrome of each knee, residuals of a left rotator cuff injury and a fracture of the left fibula
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2009
- Citation
- 0901947
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.