The Board denied the Veteran's appeal because his notice of disagreement (NOD) regarding the March 28, 2013 rating decision was not timely filed.
The deciding factor: The NOD was received by VA on April 18, 2014, which is beyond the one-year time limit for filing a NOD from the date of the RO's notice letter. The Board found that the NOD was not timely filed due to the postmark date being later than the April 10, 2014 deadline.
- Claimed conditions
- right knee osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2020
- Citation
- 20001692
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.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Partly granted
The Board denied service connection for hypertension and remanded the claims for bilateral tinnitus, right knee osteoarthritis, and left knee osteoarthritis due to inadequate medical evidence.
- Granted
The Board granted service connection for bilateral knee, bilateral shoulder, low back and bilateral hip disabilities based on the evidence showing that these conditions are related to the Veteran's active military service.
- Remanded (sent back)
The appeal was remanded for the AOJ to provide the Veteran with notice concerning his right to a hearing under 38 C.F.R. § 3.103(b)(1) and (d)(1).
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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.