The Board has dismissed the appeal as there is no case or controversy over which it may exercise jurisdiction due to the grant of service connection for nonobstructive coronary artery disease (CAD) with cardiomyopathy.
The deciding factor: The effective date of the award was not addressed in the appeal, and a new notice of disagreement would be required if the Veteran disagrees with the assigned effective date.
- Claimed conditions
- heart disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2020
- Citation
- 20070355
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted service connection for a heart disorder, specifically atrial fibrillation, due to exposure to herbicide agents during active duty service in the Republic of Vietnam.
- Remanded (sent back)
The Board remands the claims for service connection for heart disorder, stroke residuals, sleep apnea, and gastroesophageal reflux disease (GERD) to obtain addendum opinions addressing specific risk factors.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for a respiratory disorder, heart disorder, diabetes mellitus type II, and hypertension, as well as entitlement to a special monthly pension, due to insufficient evidence regarding in-service exposure to herbicide agents.
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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.