The appeal was denied due to the untimeliness of the substantive appeal and the failure to properly opt into the Appeals Modernization Act framework.
The deciding factor: The February 2021 substantive appeal was not timely, and there was no clear evidence to rebut the presumption of regularity regarding the mailing of the November 2019 SOC. Additionally, the issue of service connection for the Veteran's cause of death was not properly on appeal under the AMA framework.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 12, 2025
- Citation
- A25042419
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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.