The Board denied the Veteran's appeal as to whether her March 7, 2017 notice of disagreement was timely received in response to a March 2015 rating decision denying reopening of her claim for service connection for fibromatosis status-post gastrojejunostomy. The Board found that the NOD was not timely filed due to the presumption of regularity applying and no clear evidence showing VA officials failed to properly discharge their duties.
The deciding factor: The Board found that the March 2015 rating decision and notification letter were sent to the Veteran's last known address, and there is no evidence that letters for either party was returned as undeliverable. The presumption of regularity applies with respect to VA's mailing of the May 2015 notification letter and rating decision.
- Claimed conditions
- fibromatosis status-post gastrojejunostomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 2, 2023
- Citation
- 23054590
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 23054590.
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).
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