The Board dismissed the appeals regarding entitlement to initial, increased, and TDIU ratings for Hepatitis C due to the Veteran's timely opt-in into the Appeals Modernization Act review system.
The deciding factor: The Veteran submitted a VA Form 20-0996 Decision Review Request: Higher-Level Review within 60 days of receiving Supplemental Statements of the Case, satisfying the legal requirements for opting into the AMA review system. The Board dismissed the legacy appeal as jurisdiction was transferred to the modernized review system.
- Claimed conditions
- Hepatitis C
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2020
- Citation
- 20069683
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the claim for a new VA addendum opinion to determine if the Veteran's liver cancer and hepatitis C are related to his active service, including exposure to agent orange.
- Partly granted
The Board granted service connection for several conditions, including lumbar spine degenerative arthritis and radiculopathy of the sciatic and femoral nerves, with effective dates from March 15, 2013. The Board also granted a TDIU and DEA based on unemployability due to service-connected disabilities.
- Denied
The Board denied the veteran's claims for increased ratings for bilateral hearing loss, hypertension, and hepatitis C as there was no evidence of functional impairment sufficient to warrant a higher rating.
- Dismissed
The Board dismissed all claims for service connection and denied an earlier effective date for the award of service connection for posttraumatic stress disorder (PTSD).
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.