The appeal was dismissed due to the untimely filing of a Substantive Appeal.
The deciding factor: The Veteran failed to file a timely Substantive Appeal within one year of notification or 60 days after receiving a Statement of the Case or Supplemental Statement of the Case informing him that his appellate rights would expire within 60 days.
- Claimed conditions
- prostate cancer associated with herbicide exposure
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2009
- Citation
- 0907844
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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.