The veteran did not file a timely substantive appeal, and his claims for service connection for a right elbow disorder and higher initial evaluation for left great toe arthralgia were dismissed.
The deciding factor: The veteran failed to submit a timely substantive appeal within the required timeframe after receiving notice of the rating decision in November 2001.
- Claimed conditions
- right elbow disorder, left great toe arthralgia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2009
- Citation
- 0902046
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0902046.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 determined that the AOJ did not obtain all necessary opinions regarding whether the Veteran's symptoms are related to an undiagnosed illness or medically unexplained chronic multisymptom illness (MUCMI). The claims for service connection for fatigue, fibromyalgia, left elbow disorder, right elbow disorder, and sleep disorder are remanded for further development.
- Dismissed
The appeal for service connection of a bilateral foot disorder is dismissed. The appeals for service connection of OSA, cervical spine disorder, left shoulder disorder, right shoulder disorder, left elbow disorder, right elbow disorder, right hip disorder, left hip disorder, and right ankle disorder are remanded.
- Denied
The Board has denied the Veteran's claims for service connection for sleep apnea, left and right knee disorders, left and right ankle disorders, left and right hip disorders, a right elbow disorder, a back disability, and migraine headaches. The evidence does not support a finding that these conditions were incurred or aggravated by military service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for left leg, right leg, right elbow, and right wrist disorders due to inadequate VA examinations.
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