The veteran's appeal for a rating in excess of 30 percent for cholecystectomy with symptoms of irritable bowel syndrome is dismissed due to the failure to timely file a VA Form 9. The service connection claim for esophageal reflux, including as secondary to a service-connected disability, remains pending.
The deciding factor: The veteran did not timely file a substantive appeal within one year of the rating decision or within 60 days of the November 2005 supplemental statement of the case.
- Claimed conditions
- cholecystectomy with symptoms of irritable bowel syndrome, Môniére's Disease, esophageal reflux
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 13, 2007
- Citation
- 0720998
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 0720998.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Board has dismissed the appeal due to the Veteran's death, and no one has requested substitution for the Veteran.
- Denied
The Veteran's appeal for specially adapted housing and special home adaptation grant was denied as none of his service-connected disabilities meet the criteria for such benefits. The appeal for an allowance for an automobile or other conveyance and adaptive equipment only was also denied.
- Remanded (sent back)
The Board has remanded the claim for TDIU due to a procedural issue regarding referral to the Director of Compensation Service for extraschedular consideration.
- Remanded (sent back)
The Veteran's claims for service connection are remanded due to the need for additional medical opinions regarding the nature and etiology of his claimed disabilities, particularly those related to Reserve service.
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