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
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board dismissed the claims for service connection for right and left lower extremity, lumbar radiculopathy as they were already granted. The claims for service connection for a right hip disorder, left hip disorder, right elbow disorder, left elbow disorder, and cervical spine disorder are remanded for further development.
- Dismissed
The Board denied the veteran's appeals for service connection for headaches, left elbow disorder, right elbow disorder, and right shoulder disorder due to untimely filings.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, as well as remanded several other claims for further development.
- Remanded (sent back)
The Board remands the claims for service connection for various disorders, including left and right elbow, lumbar spine, and bilateral knee disorders, due to deficiencies in prior opinions.
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