The Veteran's appeals for increased disability ratings were denied as he did not file a timely substantive appeal.
The deciding factor: No substantive appeal was filed within the required timeframe, resulting in dismissal of the appeals.
- Claimed conditions
- status post bunionectomy, left great toe, status post bunionectomy, right great toe, chronic low back syndrome, fracture of the right femur with right hip disability, right knee disorder, post-traumatic stress disorder with organic mood and personality changes, residuals of head trauma, loss of taste, loss of smell
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 22, 2010
- Citation
- 1023252
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 1023252.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Remanded (sent back)
The Board remands the claims for service connection for PTSD, diabetes mellitus, type II, migraines, left and right knee disorders, and obstructive sleep apnea due to missing military records and inadequate examinations.
- Denied
The Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
- Remanded (sent back)
The Board remands the claims for service connection for right and left knee disorders to obtain a new examination that adequately addresses all pertinent evidence of record.
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.