The appeal for a higher rating for herpes simplex virus, type 2 has been dismissed due to the veteran's withdrawal of the legacy appeals system claim.
The deciding factor: The Veteran opted into the modernized review system and withdrew her claims in the Legacy system.
- Claimed conditions
- Herpes simplex virus, type 2
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2023
- Citation
- 23001050
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 a higher rating for the Veteran's service-connected herpes simplex virus, as the evidence showed that when present, it involved less than 5 percent of his total body area and required no more than intermittent use of systemic therapy for less than 6 weeks in the relevant 12-month period.
- Partly granted
The veteran's claims for service connection for herpes simplex virus and tinnitus were granted, while the claims for residuals of a rupture of the left tympanic membrane and optic neuritis of the left eye were denied.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.