The Board dismissed the Veteran's claim for an earlier effective date for service connection for pleurisy, as it is precluded by a final RO rating decision that became binding on the merits.
The deciding factor: The January 2004 RO rating decision assigning an effective date of December 20, 2001 for service connection for pleurisy has become final and binding on the merits due to the one-year time period from notification within which to appeal it having elapsed. The Veteran's claim is dismissed.
- Claimed conditions
- pleurisy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2012
- Citation
- 1232439
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 1232439.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claim for service connection for pleurisy and emphysema was granted with an effective date of September 20, 2024. The Board found that the Veteran continuously pursued the claim since September 20, 2024.
- Dismissed
The Veteran's appeal for service connection for pleurisy was dismissed because the VA Form 10182, which requested review of the denial of pleurisy service connection, constituted an impermissible concurrent election with his supplemental claim.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to insufficient medical evidence regarding the onset and etiology of his left ankle sprain, pleurisy, and right shoulder disability. The AOJ is instructed to obtain additional lay statements from the Veteran and a fellow servicemember, as well as an addendum opinion from a VA or private clinician.
- Dismissed
The appeals seeking service connection for various conditions are dismissed as the Veteran withdrew his requests through his authorized representative.
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