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
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted service connection for residuals of a right ankle fracture and gastroesophageal reflux disease, but denied service connection for gallbladder removal residuals to include as secondary to gastroesophageal reflux disease.
- 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.
- Remanded (sent back)
The Board has remanded the claims for residuals of a right ankle fracture, low back condition, allergic rhinitis, and sinusitis due to the need for additional development regarding service connection.
- Granted
The Board has granted the Veteran's claim for a total disability rating due to individual unemployability (TDIU) based on his service-connected disabilities, which include tinnitus and major depressive disorder.
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