The Board denied the Veteran's appeal as his substantive appeal was not filed within the required time frame, despite being close to the deadline.
The deciding factor: The Veteran did not file a timely substantive appeal in response to the December 2017 statement of the case.
- Claimed conditions
- respiratory disorder, hammer toes of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2019
- Citation
- 19176029
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 claims for service connection and increased ratings due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for a respiratory disorder, heart disorder, diabetes mellitus type II, and hypertension, as well as entitlement to a special monthly pension, due to insufficient evidence regarding in-service exposure to herbicide agents.
- Dismissed
The Board dismissed the Veteran's motion for revision based on clear and unmistakable error (CUE) in an April 2022 rating decision, as it was not properly raised with the AOJ first.
- Partly granted
The Board granted service connection for right lower extremity radiculopathy and panic disorder, but denied service connection for chronic fatigue syndrome (CFS) and a respiratory disorder.
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