The Board denied the Veteran's appeal of his substantive appeal being untimely, as it was received more than 60 days after the September 2018 statement of the case and more than one year after the May 2017 notification letter.
The deciding factor: The Board found that the Veteran did not file a timely substantive appeal following the issuance of the September 2018 Statement of the Case, which was received on January 17, 2019. The deadline for filing a substantive appeal is within 60 days from the date of the SOC and more than one year after the notification letter.
- Claimed conditions
- bilateral ankle, bilateral knee, bilateral hip, bilateral feet, lower back injury, skin condition with rash and whelps, bilateral hearing loss, tinnitus, mood swings, hypertension, skeletal arthritis entire joints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 8, 2022
- Citation
- 22039308
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 22039308.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- 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.
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