The Veteran's appeal for increased ratings for herpes simplex prior to August 13, 2018, and thereafter is dismissed as the Veteran opted into the Appeals Modernization Act (AMA) review system.
The deciding factor: The Veteran elected the modernized review system through a VA Form 10182, effectively withdrawing her appeal from the legacy system.
- Claimed conditions
- Herpes Simplex
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 26, 2023
- Citation
- 23067538
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 23067538.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board has determined that the Veteran's herpes simplex was incurred during his military service in Korea, and therefore grants entitlement to service connection for this condition.
- Denied
The Board denied the Veteran's claims for an effective date earlier than October 15, 2019 for service connection of herpes simplex and denied her claim for a compensable disability rating for herpes simplex.
- Dismissed
The Board dismissed the appeal because the AOJ accepted and adjudicated the Veteran's claim for an increased rating for his service-connected herpes simplex disability on its merits, despite rejecting it initially due to a form submission error.
- Remanded (sent back)
The Veteran's claim for a compensable rating for his service-connected herpes simplex is being remanded due to the need for a VA skin examination.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.