The Board found that the Veteran's March 2017 substantive appeal was untimely, as it was received nearly one year after the April 2016 Statement of the Case and more than 60 days after the April 2016 SOC. The decision denied the appeal due to lack of timely submission.
The deciding factor: The Board determined that the March 2017 substantive appeal was untimely as it did not meet the statutory requirement for a timely appeal within 60 days from the date of the Statement of the Case (SOC).
- Claimed conditions
- cataracts, sleep apnea, insomnia, sinusitis, chronic obstructive pulmonary disease, headaches, back disability, bilateral knee disability, bilateral hip disability, bilateral ankle disability, bilateral leg disability, bilateral hearing loss, dizziness, hypertension, depression, nose fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 22, 2022
- Citation
- 22065453
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. Read the original VA decision (opens in a new tab) using citation 22065453.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Whole decision: 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.
- Whole decision: 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.
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