The Board denied the Veteran's claims for service connection for various conditions due to a lack of timely receipt of his notice of disagreement (NOD) regarding the January 2017 rating decision.
The deciding factor: The August 2019 NOD was not timely filed as it was received more than one year after the January 2017 rating decision, and there is no evidence to rebut the presumption of regularity in VA's mailing process.
- Claimed conditions
- hearing loss, bilateral foot disorder, left hand disorder, right elbow disorder, right knee disorder, right shoulder disorder, left shoulder disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2020
- Citation
- A20016248
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.
- Partly granted
The Board granted a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
- Denied
The Board denied service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- 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.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.