The Board has determined that the veteran did not file a timely substantive appeal for his claims of service connection for lung and skin cancers, as well as for a total and permanent rating for pension purposes. As such, these issues are dismissed.
The deciding factor: The veteran failed to file a timely substantive appeal within the required time frame established by VA regulations.
- Claimed conditions
- lung cancer, skin cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2003
- Citation
- 0328295
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 0328295.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
- Denied
The Veteran's service connection claims for skin cancer and gastroesophageal reflux disease (GERD) have been denied as there is no current diagnosis of these conditions, and the evidence does not support a causal relationship to active military service.
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