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Dismissed

The Veteran's claim for service connection of a respiratory condition was dismissed. The effective date for service connection of TBI prior to October 10, 2013, was denied. A compensable rating for headaches as a residual of TBI was denied. An initial rating in excess of 70 percent for residuals of TBI with headaches was denied. Ratings of 10 percent and 30 percent since September 1, 2008, until June 5, 2018, for impaired rectal sphincter control associated with internal hemorrhoids were also denied.

The deciding factor: The Veteran's claim for service connection of a respiratory condition was opted out of the legacy appeals system and fully adjudicated in the modernized review system. The effective date for service connection of TBI prior to October 10, 2013, was not warranted as the Veteran's entitlement arose before either the September 2008 or October 10, 2013, claim dates.

Claimed conditions
Respiratory Condition (to include Pulmonary Fibrosis)
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
March 3, 2022
Citation
22012271

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 22012271.

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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.

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