The Veteran's claims for earlier effective dates for service connection and increased ratings have been dismissed as the Veteran did not timely appeal or submit new and material evidence within a year of the rating decisions that granted these benefits.,The Veteran’s claim for an effective date earlier than January 5, 2012 for a 100 percent evaluation for prostate cancer has also been dismissed.
The deciding factor: The claims were not timely appealed or new and material evidence was not submitted within the one-year appeal period.
- Claimed conditions
- diabetes mellitus, Type 2, erectile dysfunction (ED), cataracts, coronary artery disease (CAD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2020
- Citation
- 20002713
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Remanded (sent back)
The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Denied
The Board denied the veteran's claims for increased ratings for left foot bursitis and coronary artery disease, as well as special monthly compensation based on housebound status.
- Remanded (sent back)
The Board remands the claims for service connection for right foot, left elbow, left hip, left ankle, and diabetes mellitus to obtain additional medical evidence.
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