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
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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.
- Partly granted
The Board granted service connection for a jaw condition, bilateral hearing loss, and sleep apnea secondary to the jaw condition. The claims for residuals of pneumonia and a right knee disability were denied.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical evidence and a need for further examination.
- Denied
The veteran's claims for service connection for a blood disorder, prostate disorder, residuals of pneumonia, hypertension, and sleep disorder were denied as there was no evidence of current diagnoses or that these conditions are related to his military service.
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