The Board denied the Veteran's appeal as her notice of disagreement (NOD) was not timely filed within one year of the December 2008 rating decision.
The deciding factor: The NOD was received more than one year after the December 31, 2008 notification letter advising the Veteran of the RO's decision and her rights to appeal.
- Claimed conditions
- osteoarthritis of the bilateral first metatarsal phalangeal joint, depression, bilateral pes planus, bilateral plantar fasciitis, bilateral foot pain, right foot tibialis externum, scar and neuralgia related to excision of the navicular bone on the left foot, chronic left foot callus formation, bilateral abnormal pronation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 21, 2014
- Citation
- 1417645
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 1417645.
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.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
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