The Board denied the Veteran's appeal for a TDIU due to lack of timely notice of disagreement (NOD). The NOD was submitted by the Veteran's attorney on September 17, 2019, but it was noted that neither the Veteran nor his attorney had received the January 6, 2018 rating decision and notification letter. However, there is no clear evidence to support their claim of non-receipt.
The deciding factor: The Board found that the NOD was not timely filed as indicated by the lack of receipt confirmation from the Veteran or his attorney.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2020
- Citation
- A20016288
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
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