The appeals for type II diabetes mellitus, hepatitis C, and lung disorder were dismissed. The left breast calcifications appeal was remanded.
The deciding factor: The Veteran requested to withdraw her pending appeals for type II diabetes mellitus, hepatitis C, and lung disorder during a September 2020 virtual hearing.
- Claimed conditions
- type II diabetes mellitus, hepatitis C, lung disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2020
- Citation
- 20072680
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for hepatitis C, jaundice, hypogeusia, and hyposmia as there was no evidence of a current disability during the pendency of the claim.
- Remanded (sent back)
The Board remands the Veteran's claim for an increased rating in excess of 20 percent for type II diabetes mellitus to address a pre-decisional duty to assist error regarding VA not requesting private treatment records.
- Remanded (sent back)
The Board denied service connection for hepatitis C and remanded the claim for a heart disability due to insufficient evidence.
- Dismissed
The appeal was dismissed due to a claims processing error, as there was no adjudicative determination from which the Veteran could file a notice of disagreement.
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