The Veteran's claims for a higher disability rating in excess of 60 percent and an earlier effective date prior to May 13, 2013, were dismissed as the Veteran did not have any pending claims at the time of his death.
The deciding factor: The Veteran had already been granted a 60% disability rating for duodenal ulcer disease in December 2018 and this decision became final. The surviving spouse did not have any pending claims when the Veteran died, making it impossible to grant the claims as a matter of law.
- Claimed conditions
- duodenal ulcer disease, status post vagotomy and antrectomy with bilroth II anastomosis and dumping syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 22, 2022
- Citation
- 22065363
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 22065363.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has remanded the case due to inadequate opinions on whether the inguinal hernia is related to service or if it was aggravated by a pre-existing duodenal ulcer disease.
- Granted
The Veteran's service-connected duodenal ulcer disease and incisional abdominal hernia prevented him from obtaining and retaining substantially gainful employment for the period prior to December 16, 2016. The Board granted a TDIU on an extraschedular basis due to the combined effect of his disabilities.
- Denied
The Board has denied a higher rating for duodenal ulcer disease and a compensable rating for prostatitis, finding that the Veteran's conditions do not meet the criteria for these ratings based on the evidence of record.
- Remanded (sent back)
The Veteran's claim for SMC based on the need for aid and attendance is remanded due to incomplete information in his VA Form 21-2680 examination. The case requires a new examination to determine if he needs regular aid and assistance from another person due to service-connected disabilities.
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