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
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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.