The Board lacks jurisdiction over the claims for higher initial ratings for right shoulder degenerative joint disease with limitation of motion and recurrent dislocation of the right scapulohumeral joint under the legacy appeal system.
The deciding factor: The Veteran's AMA opt-in was valid, timely, and must be honored. The Board does not have jurisdiction to adjudicate the Veteran's appeal under the legacy appeals system as doing so would deprive the Veteran of due process under law.
- Claimed conditions
- Degenerative joint disease with limitation of motion of the right shoulder, Recurrent dislocation of the right scapulohumeral joint
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2024
- Citation
- 24004445
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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.