The appeal of the question of whether a notice of disagreement to the rating decision of December 2002 by RO, denying the application to reopen the previously denied claim of service connection for residuals of pneumonia, is dismissed.
The deciding factor: Because an appeal was already initiated in December 2000 and the Veteran did not file a substantive appeal following the November 2008 statement of the case, the Board lacks jurisdiction to review the September 2000 RO decision.
- Claimed conditions
- residuals of pneumonia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2009
- Citation
- 0906914
Veterans Law Judge
Decisions by this judge: 734 · Granted: 9% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0906914.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 bilateral hearing loss is not service-connected as there is no evidence of a current disability.,The Veteran's residuals of pneumonia are service-connected due to his military service and the presence of lung scarring from previous pneumonia episodes.,The Veteran's acquired psychiatric disorder, including PTSD, is service-connected based on in-service stressors.
- Remanded (sent back)
The Veteran's claim for service connection has been remanded due to the submission of new and relevant evidence. The claims will be reconsidered on their merits.
- Denied
The Board denied the Veteran's claim for service connection for residuals of pneumonia, finding that there is no current disability to establish entitlement.
- Denied
The Board has denied service connection for bilateral hearing loss, tinnitus, and residuals of pneumonia as the evidence does not support a nexus between these conditions and military service.
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