The appeal of the July 2016 rating decision is dismissed as untimely.
The deciding factor: The Board found that the notice of disagreement was not timely filed due to a presumption of regularity in VA's mailing process and lack of clear evidence rebutting this presumption.
- Claimed conditions
- left foot condition
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2025
- Citation
- 25005790
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for various conditions, including left foot condition, right foot condition, cellulitis, right ear hearing loss, and right lower extremity radiculopathy. The appeal of the proposal to reduce a 40 percent evaluation for lumbosacral strain was dismissed.
- Denied
The Board denied service connection for all the conditions listed as there was no evidence of an in-service event, nor is there evidence demonstrating a nexus to service.
- Partly granted
The Board granted service connection for several conditions, including OSA, cervical spine condition, left shoulder condition, right shoulder condition, and others, but dismissed appeals for obesity, TMJ, insomnia, left elbow, and right elbow. The Board also denied an earlier effective date for a 70% rating for acquired psychiatric disorder.
- Remanded (sent back)
The Board remands the claims for service connection for multiple orthopedic conditions and a psychiatric condition due to the need for additional development, including obtaining new medical opinions.
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.