The Veteran is seeking increased initial ratings for service-connected IBS, right ankle disability, and thoracolumbar spine disabilities. The May 2003 rating decision establishing these conditions did not become final due to the submission of a notice of disagreement within one year, thus revision on CUE cannot be granted.
The deciding factor: The May 2003 rating decision was not final as it did not expire the period for filing a notice of disagreement and new evidence was submitted within this timeframe.
- Claimed conditions
- irritable bowel syndrome (IBS), right ankle disability, thoracolumbar spine disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2022
- Citation
- 22062491
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 22062491.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Denied
The Veteran's claim for TDIU was denied as the evidence did not establish that he is unable to secure or follow substantially gainful occupation due to his service-connected disabilities.
- Dismissed
The Veteran's appeal for service connection for liver cancer and an increased rating for irritable bowel syndrome has been dismissed due to the Veteran's death.
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