The Appellant did not perfect a timely substantive appeal from the RO's May 2005 rating decision which determined that new and material evidence had not been received to reopen her claim of entitlement to service connection for the cause of the Veteran's death.
The deciding factor: The Appellant's Appeal to the Board (VA Form 9) was presumed to be postmarked on August 24, 2006, which is after the deadline of August 22, 2006, and thus was untimely.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2009
- Citation
- 0909686
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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.