The Board dismissed the Veteran's claim as the issue is no longer justiciable due to a determination of timeliness, and the Appellant must separately challenge this determination.
The deciding factor: The AOJ made an initial determination on timeliness in December 2021, which rendered the appeal pending before the Board non-justiciable.
- Claimed conditions
- residuals of a traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2021
- Citation
- A21019536
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 A21019536.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for service connection for residuals of a traumatic brain injury, seizure disorder, photophobia, and headaches are being remanded due to the need to obtain Social Security Administration records.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a right shoulder condition, cervical spine degenerative arthritis, and TBI residuals due to potential errors in obtaining necessary medical opinions.
- Granted
The Board has granted the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) due to in-service blast injuries, finding that the evidence is at least in approximate balance regarding the presence of a link between the Veteran's in-service injuries and his current TBI residuals.
- Remanded (sent back)
The Board has decided to remand the case due to a failure to provide a VA examination and obtain an etiology opinion regarding the Veteran's claimed in-service head injury.
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