The Board dismissed the appeals of service connection for pancreatitis and malnutrition, cervical spine disability, and duodenal ulcer with gastritis due to a lack of timely filed substantive appeal. The lumbar spine degenerative disc disease is rated at 40 percent.
The deciding factor: No substantive appeal was received within the required time frame for these issues.
- Claimed conditions
- pancreatitis, cervical spine disability, duodenal ulcer with gastritis, lumbar spine degenerative disc disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- December 15, 2004
- Citation
- 0433283
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 0433283.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Denied
The Board denied service connection for asthma, COPD, pancreatitis, stroke, and left arm weakness (claimed as secondary to stroke) based on the presumption of exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions were related to service or due to in-service exposure.
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