The Veteran's SMC for breast tissue loss is dismissed. The initial rating for the right breast lumpectomy and bilateral breast reconstruction remains denied, but a 20 percent rating is granted starting from September 29, 2023.
The deciding factor: The Veteran has already been awarded SMC under 38 U.S.C. § 1114(k) for loss of breast tissue; there is no case or controversy before the Board regarding this issue. The criteria for a higher rating were not met as the scars did not affect at least 39 square centimeters and were not unstable.
- Claimed conditions
- Breast cysts, Right breast lumpectomy, Bilateral breast reconstruction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 29, 2024
- Citation
- 24004303
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24004303.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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