The Board lacks jurisdiction to review the appeal on the issues of entitlement to service connection for a mental disorder, claimed as problems to the brain, and whether new and material evidence has been received to reopen claims for service connection for a forehead laceration and a right ulnar nerve laceration.
The deciding factor: The Veteran did not file a timely substantive appeal within 60 days of the statement of the case or within one year of the notice of the rating decision, as required by law.
- Claimed conditions
- forehead laceration, right ulnar nerve laceration, mental condition, claimed as problems to the brain
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2009
- Citation
- 0910436
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 an increased rating for a neck disability and right knee strain, and remanded the claims for service connection for a right shoulder disability, sinusitis, and a mental condition due to insufficient evidence regarding active-duty training dates in 2006.
- Dismissed
The Veteran withdrew the appeal for service connection for a mental condition and an increased rating for GERD.
- Denied
The Board dismissed the claim for service connection for a mental condition and denied service connection for bilateral foot, right ankle, left ankle, right shin, left shin, left hip, low back, and right shoulder conditions. The left shoulder condition was remanded.
- Denied
The Board denied service connection for the veteran's right ulnar nerve laceration, forehead laceration, and mental condition claimed as secondary to a forehead laceration. The evidence did not support that these injuries occurred during active duty or related training.
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