Dismissed
The veteran did not submit a timely substantive appeal regarding the issues of whether new and material evidence had been submitted to reopen claims for service connection for postural type curve lumbar strain and colon cancer.
The deciding factor: The substantive appeal was not received within 60 days of the May 2004 SOC or within one year of the April 2003 rating decision, making it untimely.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2009
- Citation
- 0903821
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.