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
Veterans Law Judge
Decisions by this judge: 1,293 · Granted: 17% (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 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Granted
The Board has granted service connection for Post-Traumatic Stress Disorder (PTSD) due to a verified in-service stressor, and the positive and negative medical evidence is at least in equipoise.
- Granted
Your claim for a higher rating and service connection for PTSD has been granted. The new evidence supports reopening your case.
- Denied
The Board denied service connection for hearing loss as there is no current diagnosis of a bilateral hearing disability for VA purposes, and the Veteran did not have a hearing loss disability at any time during or recent to the filing of his claim.
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