The Board denied the Veteran's appeal as his notice of disagreement was not timely filed, thus preventing him from appealing the May 2016 rating decision.
The deciding factor: The Board found that a timely Notice of Disagreement (NOD) was not received by VA within one year of the May 5, 2016 rating decision notification letter.
- Claimed conditions
- sinus condition, degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- 20069400
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 denied service connection for a deviated septum and chronic sore throat, dismissed the issue of a sinus condition, and remanded claims for asthma, hypertension, and irritable bowel syndrome.
- Granted
The Board granted service connection for residuals of a right knee meniscal tear to include degenerative joint disease, finding that the Veteran's in-service injury led to his current condition.
- Granted
The Board granted an increased initial rating of 20 percent disabling for the Veteran's right shoulder, effective November 22, 2011.
- Granted
The Board granted service connection for a lumbar spine disability, diagnosed as degenerative disc disease and degenerative joint disease, intervertebral disc syndrome (IVDS), and lumbosacral strain, based on the Veteran's consistent account of having low back problems since service.
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