The appeal was dismissed because the Veteran did not submit a timely and adequate substantive appeal regarding his claim for an initial evaluation in excess of 10 percent disabling from January 29, 2007, to December 18, 2007, and from February 1, 2008, for left ankle instability status post reconstruction.
The deciding factor: The Veteran did not submit a VA Form 9, Substantive Appeal in response to the May 2017 Statement of the Case.
- Claimed conditions
- left ankle instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2020
- Citation
- 20007121
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for left ankle instability as secondary to the Veteran's service-connected left ankle disability and hypertension, but denied increased ratings for the left ankle disability and other forms of arthritis.
- Granted
The Board granted service connection for a left ankle disability, finding that the current left ankle disability is etiologically related to the service-connected left foot plantar fasciitis.
- Partly granted
The Board granted a 30 percent rating for left ankle osteoarthritis from June 25, 2021, and a separate 10 percent rating for left ankle instability.
- Granted
The Board granted an earlier effective date of February 5, 2010, for service connection for right and left ankle tendonitis and instability.
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