The Board dismissed the veteran's appeal for an increased rating as there was no timely notice of disagreement with the August 2003 rating decision.
The deciding factor: There was no evidence of a timely notice of disagreement or substantive appeal, making the claim jurisdictionally inadmissible.
- Claimed conditions
- residuals of a right ankle fracture
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2009
- Citation
- 0905515
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 veteran's claim for a compensable rating for hemorrhoids was denied, but the claim for TDIU from December 15, 2020 to September 1, 2022 was granted.
- Denied
The Board denied the Veteran's claim for service connection for residuals of a right ankle fracture with arthritis and edema of the right foot, finding that there was no evidence linking his current conditions to his military service.
- Granted
The Board has restored a 20 percent rating for the Veteran's residuals of a right ankle fracture, effective February 7, 2014. The claim for an increased disability rating greater than 20 percent for residuals of a right ankle fracture is denied.
- Denied
The Veteran's right ankle disability causes marked interference with his employment, but this interference is adequately compensated by the currently assigned 30 percent disability evaluation.
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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.