The Board denied the Veteran's appeal as his timely Notice of Disagreement (NOD) was not filed within one year from the October 2013 rating decision denying service connection for a rash condition. The Board found that there is no clear evidence to rebut the presumption of regularity and thus, the NOD was received after the deadline.
The deciding factor: The Board found that the Veteran's first Notice of Disagreement (NOD) was not filed within one year from the October 2013 rating decision due to a discrepancy in the date it was signed versus when it was received by VA. The Board presumed the NOD was received on March 20, 2015, which is more than five months after the deadline.
- Claimed conditions
- rash condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 14, 2020
- Citation
- 20046994
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 20046994.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Denied
The Board denied the Veteran's claims of service connection for diabetes mellitus, thyroid disease, panic attacks, rash condition, and prostate cancer due to lack of evidence of exposure to herbicide agents in Libya. The Veteran did not serve in Vietnam or any other area where Agent Orange was used.
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The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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