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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 22065453.
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.
- 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.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.