The Board denied the Veteran's claim for an earlier effective date for a total rating based on unemployability due to lack of timely filing of a substantive appeal.
The deciding factor: The Veteran did not file a timely substantive appeal regarding the March 2006 denial of his TDIU claim, as he was advised by VA that he had to file an appeal within 60 days from the date of the statement of the case or within the remainder of the one-year period from the notice of the decision being appealed. The Veteran did not submit a substantive appeal until October 15, 2007.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2009
- Citation
- 0947151
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 0947151.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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