The Veteran's appeal to increase his disability rating for a right ankle tendon rupture was dismissed because he did not file the required Notice of Disagreement within one year after receiving notice of the September 2019 decision. The Board found that good cause had not been established for an extension of time.
The deciding factor: The Veteran submitted a request for an extension of time to file a Notice of Disagreement more than three years after the expiration of the one-year period following the September 2019 rating decision, which was deemed untimely due to lack of good cause.
- Claimed conditions
- right ankle tendon rupture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2024
- Citation
- A24055004
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 A24055004.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's right ankle tendon rupture is currently rated at 10 percent, and he has also been granted a separate rating for his Achilles tendon scar. The claimant does not have more than moderate limitation of motion or functional impairment of the right ankle.
- 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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