The Board denied the appeal as the Veteran did not timely file a substantive appeal within 60 days of receiving the Statement of the Case (SOC).
The deciding factor: The Veteran's VA Form 9 was received more than 60 days after the SOC was mailed, and no request for extension or extraordinary circumstances were provided.
- Claimed conditions
- multiple joint pain/fibromyalgia, fatigue, insomnia, headaches, cysts (upper torso), weight loss, anxiety, depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2019
- Citation
- 19124913
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 remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Remanded (sent back)
The Board remands the claim for an increased initial disability evaluation of headaches due to an inadequate VA examination.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.