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. Search VA.gov for the original decision (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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Veteran's claim of entitlement to service connection for a colon condition, including as caused by herbicide agent exposure or secondary to his service-connected disabilities, was denied. The Board found that the evidence did not support a finding of service connection on any basis.
- Denied
The Board denied the appellant's motion to revise a September 1949 rating decision that denied service connection for a nervous condition, finding no CUE and concluding the denial was not erroneous.
- Dismissed
The Veteran's appeals for a compensable rating for chronic diarrhea, service connection for diverticulitis, and service connection for a respiratory system disability to include restrictive lung disease and sleep apnea syndrome have been dismissed due to the Veteran's death.
- Granted
The Veteran's hypertension is granted a 10 percent rating.,Service connection for diverticulitis and basal cell carcinoma/skin cancer residuals with scarring are denied.
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