The Veteran's appeal was denied because he did not file a timely Notice of Disagreement (NOD) within one year after receiving the June 2016 rating decision.
The deciding factor: The Veteran failed to file a timely NOD on the prescribed form, as required by VA regulations.
- Claimed conditions
- gastritis with duodenitis, hiatal hernia, gastroesophageal reflux disease (GERD), hepatitis status-post nissan fundoplication, gout
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2019
- Citation
- 19178689
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19178689.
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 Veteran's gout claim for additional development, including obtaining an adequate VA examination and ensuring all relevant records are obtained. The TDIU claim is also being remanded.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
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