The Board dismissed the claim for an evaluation in excess of 10 percent for a right hip disability from February 22, 2017, to April 18, 2017, due to the Veteran's opt-in to the AMA appeals system and the absence of a decision on the higher-level review request.
The deciding factor: The Board found that there remains no allegation of error of fact or law remaining for appellate consideration under the Legacy appeals system because the Veteran opted-in to the AMA appeals system, resulting in the dismissal of the claim.
- Claimed conditions
- Right hip disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2023
- Citation
- 23005260
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 23005260.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
Your appeal of the March 28, 2025 rating decision that deferred adjudication of your right hip disability claim has been dismissed.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Remanded (sent back)
The Board has remanded the Veteran's claim for service connection for a right hip disability due to insufficient evidence regarding its etiology and pathophysiology, as well as the need for an appropriate toxic exposure risk activity (TERA) examination.
- Remanded (sent back)
The Board has remanded the claims for service connection for various disabilities, including low back, left hip, right hip, left shoulder, and right shoulder disabilities. The VA examinations did not provide adequate opinions regarding the etiology of these conditions.
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