The veteran's claim for an earlier effective date for the increased disability rating for right ankle arthritis was not timely filed and must be dismissed.
The deciding factor: The RO did not receive a valid notice of disagreement within one year of the May 2004 decision, and no evidence supports that it was lost by VA or the representative.
- Claimed conditions
- Degenerative joint disease of the lumbosacral spine, Right knee condition, Left knee condition, Foot injuries
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2009
- Citation
- 0905381
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 denied an initial compensable rating for bilateral hearing loss and remanded the service connection claims for vertigo, dry eye syndrome, and various bilateral conditions due to insufficient evidence.
- Granted
The Board granted a 50 percent rating for the Veteran's degenerative joint disease of the lumbosacral spine, effective February 2, 2020.
- Partly granted
The Board denied service connection for bilateral hearing loss and remanded the claims for other specified depressive disorder, generalized anxiety disorder, somatic symptom disorder, alcohol use disorder, left hip condition, left knee condition, left lower extremity radiculopathy, left upper extremity radiculopathy, right hip condition, right knee condition, right lower extremity radiculopathy, right upper extremity radiculopathy, shin splints, left leg, shin splints, right leg, and traumatic brain injury (TBI) for further development.
- Partly granted
The Veteran's service-connected posttraumatic stress disorder (PTSD) is granted an evaluation of 70 percent disabling, but no higher. Other claims for service connection and increased ratings were denied or remanded.
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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.