The Veteran's appeal was not timely filed, and his claims for service connection were denied as new and material evidence was not received to reopen the previously denied claims.
The deciding factor: The Veteran did not file a timely substantive appeal within one year of the September 2009 rating decision or within 60 days of the February 2010 statement of the case, and no extension request was submitted. Additionally, new and material evidence was not received to reopen his previously denied claims for service connection.
- Claimed conditions
- bilateral hearing loss, scars, residuals of a right arm infection, ischemic heart disease, right arm disability, breathing problems, back disability, bilateral knee disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2014
- Citation
- 1422791
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 1422791.
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 Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Denied
The Board denied the Veteran's claim for service connection for a heart condition, including ischemic heart disease. The evidence did not support a finding of a current disability related to service.
- Denied
The Board denied the Veteran's claims for service connection for a bilateral shoulder disability and increased ratings for her bilateral knee disabilities, finding no evidence of in-service injury or disease related to these conditions.
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