The Veteran's NOD to the September 2013 rating decision was not timely filed, and her claims for increased rating for migraine headaches and service connection for respiratory/pulmonary condition, residuals of hysterectomy, and PTSD were denied.
The deciding factor: The Veteran's NOD was dated July 18, 2014 but received by the RO on October 8, 2014, which is outside the one-year time limit from the date of the September 2013 rating decision. The RO lost her NOD and there is no clear evidence to show that it was not sent.
- Claimed conditions
- migraine headaches, respiratory/pulmonary condition, residuals of hysterectomy, posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2018
- Citation
- 18133420
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 18133420.
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 due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
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