The VA denied the Veteran's appeal because his Form 9, which he filed in response to a January 2016 rating decision, was not timely or properly accepted. The Board found that the Veteran did not file his substantive appeal within the required time frame and therefore the claims were considered final.
The deciding factor: The VA denied the Veteran's appeal because his Form 9, which he filed in response to a January 2016 rating decision, was not timely or properly accepted. The Board found that the Veteran did not file his substantive appeal within the required time frame and therefore the claims were considered final.
- Claimed conditions
- left foot and right foot disability, lung disability, hearing loss, heart disease, post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), psychosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 25, 2022
- Citation
- 22030906
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 22030906.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Granted
The Board has reopened the Veteran's claim for service connection for hearing loss and tinnitus. However, it was determined that the Veteran does not have a current disability of bilateral hearing loss or tinnitus for VA purposes, thus denying both claims.
- Remanded (sent back)
The Veteran's claims for service connection for hypertension, diabetes, heart disease, and kidney disease are being remanded due to the need for VA examinations to determine if these conditions are related to his exposure to contaminants in the water supply at Camp Lejeune during service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for heart disease, hypertension, kidney disease, and low back pain due to potential errors in duty to assist. The AOJ is required to verify the Veteran's alleged exposure to herbicide agents and obtain private treatment records.
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