The Veteran did not file a timely substantive appeal for any of the issues related to service connection, and the Board is without jurisdiction to review these matters.
The deciding factor: The notice period and filing requirements were not met in a timely manner for all claims, thus no further action can be taken on them.
- Claimed conditions
- hearing loss, tinnitus, post-traumatic stress disorder (PTSD), depressive disorder, personality disorder, headaches, influenza, tuberculosis, scoliosis, chronic neck pain, chronic spine pain, soft tissue sarcoma as due to herbicide exposure, non-Hodgkin's lymphoma as due to herbicide exposure, osteoarthritis, disability due to ionizing radiation exposure, subclinical hepatoxic effects, compensation under the provisions of 38 U.S.C.A. § 1151 for additional disability of residuals of chemotherapy, mononucleosis, testicular cancer, peptic ulcers (claimed as stomach problems), special monthly compensation based on loss of use of the right hand, special monthly compensation based on loss of use of the left hand, special monthly compensation based on loss of use of the right foot, special monthly compensation based on loss of use of the left foot, special monthly compensation based on anatomical loss of right testicle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 20, 2009
- Citation
- 0906454
Veterans Law Judge
Decisions by this judge: 1,440 · Granted: 30% (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 0906454.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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