The Veteran's appeal of the increased rating for postoperative residuals of a hemigastrectomy and vagotomy with dumping syndrome and pancreatitis was withdrawn. The earlier effective date claim for the 60 percent rating was dismissed due to lack of timely Notice of Disagreement. The issue of service connection for an inguinal hernia is remanded for further development.
The deciding factor: The Veteran withdrew his appeal regarding the increased rating, and did not file a timely Notice of Disagreement concerning the earlier effective date assigned in July 2002. The earlier effective date claim was dismissed as untimely. The issue of service connection for an inguinal hernia is remanded to obtain additional medical records and clarify the August 2010 examination report.
- Claimed conditions
- postoperative residuals of a hemigastrectomy and vagotomy with dumping syndrome and pancreatitis, inguinal hernia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 8, 2013
- Citation
- 1304616
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 1304616.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Veteran's claims for increased ratings and initial disability ratings were denied. The Veteran was granted a rating of 40 percent, but no higher, for diabetic peripheral neuropathy affecting the right lower extremity and left lower extremity, and a rating of 20 percent, but no higher, for diabetic peripheral neuropathy affecting the left upper extremity (minor).
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's claims, including service connection for chronic fatigue syndrome, an acquired psychiatric disorder, a low back condition, residuals of kidney cancer, bilateral flat feet, and bilateral knee conditions. The appeals are now pending again due to the need for additional examinations.
- Denied
The Board denied the Veteran's claim for an initial compensable disability evaluation for his service-connected inguinal hernia, finding that the evidence did not meet the criteria for a compensable rating under either old or new Diagnostic Code 7338.
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