The Veteran failed to timely perfect an appeal as to the claims for service connection, and therefore the Board has no jurisdiction to review these issues.
The deciding factor: The Veteran did not file a Substantive Appeal within 60 days of the SOC or within one year from the date of the RO decision being appealed, as required by law.
- Claimed conditions
- bilateral knee disorder secondary to service-connected gunshot wound of the right thigh, right hand disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 23, 2009
- Citation
- 0910802
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the appeal for further examination to determine the nature and etiology of the Veteran's bilateral upper extremity disabilities.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Partly granted
The Board granted a 30 percent rating for reactive airway disorder and denied service connection for a right hand disability.
- Partly granted
The Board denied service connection for bilateral hearing loss and remanded claims for chronic low back pain, upper back pain, right hand disability, left hand disability, headaches, and right knee disability.
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.