The veteran's notice of disagreement (NOD) with the December 2005 decision review officer (DRO) decision was not timely submitted, and therefore, the appeal was dismissed.
The deciding factor: The NOD was received by VA on January 22, 2007, which is beyond the one-year period from the date of mailing of the December 20, 2005 DRO decision. The veteran's claim for an initial disability evaluation of 30 percent for left eye burn injury residuals was not timely appealed.
- Claimed conditions
- left eye burn injury residuals
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2009
- Citation
- 0903327
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.