The Board denied an earlier effective date for the award of service connection due to failure to timely file a substantive appeal within the required timeframes. The claim was also denied on the basis that the appellant lacks standing to bring a motion for revision of a February 1995 rating decision on the basis of CUE.
The deciding factor: The Veteran did not timely file a substantive appeal and his illness at the time did not provide a basis for equitable tolling of the filing deadline. The appellant also lacked standing to bring a motion for revision of a prior rating decision due to CUE.
- Claimed conditions
- retroperitoneal sarcoma with liver metastasis (claimed as stomach tumors/GIST, viral gastroenteritis and stomach pain)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2016
- Citation
- 1641784
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 1641784.
What this means for you
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What you can do next
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- Denied
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- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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