The Board has dismissed the appeal because a timely substantive appeal was not filed within 60 days of the October 2008 rating decision, and no request for extension of time to file an appeal was submitted.
The deciding factor: The Veteran did not submit a timely substantive appeal as required by regulation.
- Claimed conditions
- generalized anxiety disorder with depressive disorder, degenerative joint disease C5 6 cervical spine, degenerative change right first carpometacarpal joint, right hand, rhinitis, eustachian tube dysfunction status post tympanostomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 14, 2015
- Citation
- 1539137
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 1539137.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Veteran's rhinitis and gastric ulcer with hiatal hernia were evaluated, but the Board found that neither condition warranted a higher rating.,For rhinitis, the evidence did not show greater than 50 percent obstruction of both nasal passages or complete obstruction on one side. For gastric ulcer with hiatal hernia, symptoms were described as infrequent and mild.
- Granted
The Board has granted service connection for sinusitis and rhinitis on a direct basis, finding that the Veteran's current conditions are related to his active duty service, including exposure to environmental factors during Operation Desert Storm.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection due to incomplete findings and failure to properly address the onset, cause, and nature of his conditions. The VA will need to schedule examinations to determine if his rhinitis and bilateral hand disabilities are related to service.
- Denied
The Board denied service connection for sinusitis and rhinitis as there is no evidence of these conditions during the appeal period.
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