The Board dismissed the appeal as the December 16, 2011 notice of disagreement was not timely filed and found that there are no remaining questions of fact or law to be decided for the issues of whether an NOD received on December 16, 2011 was timely filed as to a March 2010 rating decision assigning an effective date of May 18, 2009 for the grant of service connection for left knee flexion and the grant of an increased rating to 20 percent for left knee impairment.
The deciding factor: The Board found that the December 16, 2011 notice of disagreement was not timely filed as it did not meet the criteria for a timely NOD.
- Claimed conditions
- Left knee flexion, Left knee impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2018
- Citation
- 18145334
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 18145334.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the claims for further development and compliance with previous remand directives.
- Denied
The Board denied the veteran's claims for increased ratings and remanded two service connection claims.
- Partly granted
The Veteran's appeal for increased evaluations of his left elbow and knee disabilities was denied. The reduction in the rating for left knee flexion from 10 percent to noncompensable, effective October 6, 2020, is granted.
- Granted
The Veteran's claim of service connection for bladder cancer is granted as a complete grant of the benefits sought on appeal.,New and relevant evidence has been received to establish service connection for sleep apnea, secondary to intermittent explosive disorder and unspecified anxiety disorder.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.