The Veteran's appeal for an increased rating for his service-connected right ankle degenerative arthritis was dismissed due to the untimeliness of his notice of disagreement.
The deciding factor: The notice of disagreement was received more than one year after the February 2023 rating decision, and no good cause has been shown to extend the filing period.
- Claimed conditions
- right ankle degenerative arthritis, other than post traumatic with tendinopathy status post (s/p) complete rupture posterior tibial tendon and triple arthrodesis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2025
- Citation
- A25033450
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board remands the claims for service connection for left ankle, right ankle, bilateral hip conditions and entitlement to specially adapted housing or special home adaptation grant as there is insufficient evidence to determine if the Veteran's pre-existing conditions were aggravated during his period of ACDUTRA.
- Partly granted
The Board granted an initial rating of 70 percent for unspecified trauma and stressor with unspecified depressive disorder, but remanded the issues of a higher rating for right ankle degenerative arthritis and TDIU.
- Denied
The Board denied the claims for service connection for left knee, right ankle, and left ankle degenerative arthritis as there is no evidence of a current disability; in-service incurrence or aggravation of a disease or injury; and a nexus between the claimed in-service disease or injury and the present disease or injury.
- Partly granted
The Board granted an earlier effective date of October 21, 2021 for service connection for right ankle degenerative arthritis and denied a higher initial rating for the same condition. The claim for service connection for a right leg/knee condition was also denied.
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