Your bladder cancer has been granted service connection as a presumptive condition due to exposure to herbicide agents, but your appeal is dismissed because the benefit was already granted in a prior rating decision.
The deciding factor: The Veteran's bladder cancer was added to the list of diseases presumed associated with herbicide agent exposure by NDAA 2021, and his appeal was abrogated due to the AOJ's subsequent grant of benefits under this presumption.
- Claimed conditions
- Bladder cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 17, 2022
- Citation
- 22069613
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 22069613.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claims for bladder cancer, erectile dysfunction, and gouty arthropathy due to outstanding VA treatment records not being obtained. The Veteran's request for a referral to a urologist for ED is also remanded. A VA medical opinion is needed regarding the relationship between the Veteran's gouty arthropathy and his service-connected conditions.
- Denied
The Board has denied service connection for bladder cancer, gastroesophageal reflux disease (GERD), and chronic obstructive pulmonary disease (COPD) as there is no evidence to support a link between these conditions and the Veteran's military service.
- Dismissed
The Veteran's claims for service connection for bladder and kidney cancer were dismissed as the Notice of Disagreement was not filed within one year of the denial.
- Remanded (sent back)
The Veteran's claims for service connection for bladder cancer and diabetes mellitus, Type II are remanded due to errors in the VA opinion regarding exposure to herbicides and toxic substances during his military service.
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