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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 0947151.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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