The Board has dismissed the appeal as the Veteran did not file a substantive appeal within the required time frame.
The deciding factor: The Veteran failed to submit a VA Form 9 or similar correspondence constituting a Substantive Appeal within 60 days of issuance of the December 2008 SOC, thus waiving their right to appeal.
- Claimed conditions
- hypertension, right foot disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 11, 2010
- Citation
- 1009334
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 1009334.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Partly granted
The Board granted service connection for asthma but denied it for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
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