The Board has determined that the Veteran's NOD regarding the May 2016 rating decision was not timely filed, and thus, the appeal is denied. The case is remanded for further development related to service connection for PTSD, increased ratings for degenerative joint disease of the lumbar spine with disc herniation at L5/S, and TDIU.
The deciding factor: The Veteran's NOD regarding the May 2016 rating decision was not timely filed within one year from the date that the AOJ mailed notice of the decision. The Board found no clear evidence to show regular procedures were followed in sending the notification letter to the Veteran and his representative, Disabled American Veterans.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Degenerative Joint Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2021
- Citation
- 21005788
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 21005788.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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