The veteran did not submit a timely substantive appeal with regard to the September 2002 and October 2002 rating decisions, which denied an initial evaluation in excess of 50 percent for PTSD, an initial evaluation in excess of 20 percent for diabetes mellitus, service connection for a heart disorder, service connection for hearing loss, and entitlement to TDIU.
The deciding factor: The veteran's substantive appeal was not timely filed within the required 60 days from the date of the statement of the case or one year from the date of notification of denial, as there is no evidence of a timely request for an extension of time.
- Claimed conditions
- Post-Traumatic Stress Disorder, Diabetes Mellitus, Heart Disorder (Cardiomyopathy, Mitral and Aortic Insufficiency, Stable Angina, Hypertension), Hearing Loss
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 10, 2009
- Citation
- 0908910
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 denied an increased disability evaluation for PTSD but granted an earlier effective date for TDIU of August 6, 2012.
- Dismissed
The Veteran withdrew the appeal in September 2025, stating that she is now 100% permanently and totally disabled effective April 29, 2025.
- Denied
The Board denied increased ratings for diabetes mellitus, hypertension, and a psychiatric disability due to insufficient evidence of the severity required for higher ratings.
- Denied
The Board denied the veteran's claims for an earlier effective date for his diabetes mellitus, a higher rating for PTSD with alcohol use disorder, and a total disability rating due to service-connected disabilities.
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