The veteran has withdrawn his appeal regarding the claim that new and material evidence sufficient to reopen a previously denied claim of entitlement to service connection for malaria had been submitted. The Board lacks jurisdiction to further consider this claim on appeal.
The deciding factor: The veteran indicated in February 2002 that he wanted to point out once again that the decision made by the adjudication officer in 1946 was erroneous, but later clarified his objection regarding the CUE claim. The veteran argued that the April 1946 RO decision contained clear and unmistakable error because it did not acknowledge the existence of a February 16, 1946 laboratory report.
- Claimed conditions
- malaria
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 24, 2002
- Citation
- 0205098
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 0205098.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 an increased disability evaluation of 100 percent for service-connected malaria, finding the evidence to be in approximate equipoise as to whether the Veteran's malaria was active during the appeal period.
- Denied
The Board denied the Veteran's claim for service connection for malaria, including residuals, as there is no current diagnosis of malaria or residuals.
- Denied
The Board denied the Veteran's claim for an initial compensable evaluation for malaria as there was no evidence of active malaria or any current residuals affecting a bodily system.
- Partly granted
The Board granted service connection for cold spells and an eye disability (glaucoma suspect and pigment dispersion) related to the Veteran's service, but denied a compensable rating for malaria.
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