The Board dismissed the veteran's claims as they were not timely appealed.
The deciding factor: The appeal was untimely filed, failing to meet the statutory and regulatory requirements for a substantive appeal within 60 days of the statement of the case or one year from the date of the initial rating decision.
- Claimed conditions
- diverticulitis, hepatitis, nervous condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2001
- Citation
- 0123400
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 0123400.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The appeal with respect to entitlement to service connection for diverticulitis is dismissed due to the lack of a final decision subject to appeal.
- Dismissed
The appeal for service connection for diverticulitis and an effective date prior to August 10, 2022 for CAD disability was dismissed due to a concurrent election of review. An initial evaluation in excess of 30 percent for IBS was denied, but an initial evaluation of 60 percent, but no higher, for the period beginning May 22, 2024, but no earlier, for CAD disability was granted.
- Remanded (sent back)
The Board remands the veteran's claims for service connection and TDIU due to new evidence that was not previously considered.
- Denied
The Board denied service connection for hepatitis and diabetic nephropathy as the evidence did not show a current disability related to active duty service.
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