The Board dismissed the appeals for service connection for IBS and an increased rating for peptic ulcer disease with hiatal hernia due to lack of timely substantive appeal. The claims for increased ratings for bilateral knee chondromalacia were also dismissed as there was no evidence of a compensable disability rating.
The deciding factor: The veteran did not file a timely substantive appeal on the December 1997 denial of service connection for IBS and an increased rating for peptic ulcer disease with hiatal hernia, leading to dismissal of those claims. The Board also dismissed the claim for a temporary total evaluation due to lack of jurisdiction.
- Claimed conditions
- Irritable Bowel Syndrome, Peptic Ulcer Disease with Hiatal Hernia, Right Knee Chondromalacia, Left Knee Chondromalacia, Right Urethral Stone
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 5, 2007
- Citation
- 0720139
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 0720139.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 case due to a lack of rationale in the VA examiner's opinion and an inconsistency between the examination report and nexus opinion.
- Granted
The Veteran's irritable bowel syndrome is granted a rating of 30 percent, the maximum schedular rating under Diagnostic Code 7319. Service connection for migraine headaches as secondary to service connected tinnitus and PTSD is also granted.
- Granted
The Veteran's right knee instability rating is restored to 20 percent effective November 1, 2019. The initial disability rating for right knee instability remains denied and the increased disability rating for right knee chondromalacia is granted.
- Denied
The Board has denied the Veteran's request for an earlier effective date of May 19, 2024, for a separate 10 percent rating for GERD. The decision states that prior to this date, ratings for GERD and Irritable Bowel Syndrome could not be combined due to VA regulations at the time.
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