The Board denied the Veteran's appeal regarding the timeliness of their Notice of Disagreement (NOD) for a December 11, 2015 rating decision. The NOD was untimely as it was filed more than one year after the December 16, 2015 mailing of the rating decision.
The deciding factor: The Board found that the Veteran did not provide clear and convincing evidence to rebut the presumption of regularity in the mailing of the December 11, 2015 rating decision.
- Claimed conditions
- Back disorder, Left lower extremity neurological disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2023
- Citation
- 23066536
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 23066536.
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.
- Granted
The Board has granted service connection for hand tremors and insomnia, but denied service connection for muscle pain disorder, joint pain disorder, right lower extremity neurological disorder, left lower extremity neurological disorder, chronic fatigue disorder, digestive disorder, and syncope.
- Granted
The Veteran's back disorder is granted a rating of 10 percent, and his chronic kidney disease is granted service connection based on being secondary to his service-connected hypertension.
- Granted
The Board has granted service connection for back, left knee, and left ankle disabilities as secondary to the Veteran's service-connected right knee tendinitis.
- Remanded (sent back)
The Board has remanded the claims for service connection for a back disorder and a foot disorder due to incomplete or inaccurate factual premises in previous medical opinions. The Veteran's hearing loss claim is denied as his bilateral hearing acuity does not meet the criteria for a compensable evaluation.
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.