The Veteran's appeal was not timely submitted, and the RO has been instructed to re-adjudicate his claim with an opportunity for him to provide evidence of a change in address prior to the expiration of the appeal period.
The deciding factor: The Veteran did not submit a timely substantive appeal as he had moved but continued to use his old San Antonio address and telephone number, which were used by VA to send correspondence. He provided no evidence that he notified VA of his move or change in address prior to the expiration of the appeal period.
- Claimed conditions
- spondylosis, irritable bowel syndrome with dyspepsia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2009
- Citation
- 0918855
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 0918855.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claims for higher ratings for intervertebral disc syndrome and left lower extremity radiculopathy were denied as his conditions did not meet the criteria for a rating in excess of 20 percent.
- Remanded (sent back)
The Board has remanded the case due to a lack of evidence regarding the etiology of the Veteran's cervical spine disorder and an incomplete record of chiropractic care. The Veteran is requested to provide or authorize VA to obtain his treatment records from chiropractors, and an addendum opinion will be provided by a VA examiner.
- Granted
The Board has granted service connection for the Veteran's lumbar spine discogenic disease status post surgery, spondylosis, and facet arthropathy as secondary to his service-connected right ankle disability. The SMC claim is remanded due to a duty-to-assist error.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as spondylosis and sacroiliitis with degenerative changes, had its onset during his period of INACDUTRA. As such, service connection is granted.
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