The Board denied the appeal as the Veteran did not timely file a substantive appeal for her claim of service connection for Dercum's disease, which was denied in a June 2014 rating decision. The Board found that the July 25, 2016, VA Form 9 (postmarked July 23, 2016) was untimely as it was postmarked five days after the deadline for filing the appeal.
The deciding factor: The substantive appeal was not filed within the required time limit and did not request an extension of time in writing before expiration of the period.
- Claimed conditions
- Dercum's disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2021
- Citation
- 21065491
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 21065491.
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.
- Denied
The Board denied service connection for Dercum's disease and obstructive sleep apnea (OSA) as the evidence of record did not support a finding that these conditions were related to the Veteran's military service or worsened by his service-connected posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claim for further development, including obtaining private treatment records and an addendum opinion regarding whether the Veteran's diabetes is a manifestation of his service-connected Dercum's disease.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and missing VA treatment records. The claims will be reconsidered with new evidence.
- Granted
The Board has granted service connection for Dercum's disease and remanded the issue of service connection for seizure disorder.
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