The appeal for service connection for a left knee disability was dismissed due to untimeliness of the notice of disagreement. Other claims were remanded for further development.
The deciding factor: The Veteran did not file a timely notice of disagreement within one year of the January 2009 rating decision, and thus the Board will not adjudicate the merits of the left knee service connection claim on appeal.
- Claimed conditions
- left knee disability, traumatic brain injury (TBI), left elbow disability, right elbow disability, stomach disability, hair loss
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 21, 2025
- Citation
- A25026709
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied service connection for cervicalgia, jaw disability, stomach disability, and drug abuse as the evidence did not support a finding of an in-service incurrence or aggravation of these conditions.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
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