The Veteran's claim for service connection for residuals of a cold weather injury, right lower extremity was dismissed as the appeal was not timely filed. The AOJ is ordered to address the Veteran's request for an extension of time to file her Higher-Level Review request.
The deciding factor: The AOJ failed to consider the Veteran's request for an extension of time to file a Higher-Level Review request, which was untimely due to the expiration of the one-year deadline before the COVID-19 pandemic began.
- Claimed conditions
- residuals of a cold weather injury, right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 23, 2024
- Citation
- A24027103
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 A24027103.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The veteran's appeal is remanded for additional development, including obtaining recent VA treatment records and conducting a VA cold injury protocol examination.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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