The Veteran's claim for special monthly compensation (SMC) under 38 U.S.C. § 1114(k) based on the anatomical loss of 25 percent or more of tissue from a single breast is dismissed because the Veteran is already in receipt of SMC under this provision.
The deciding factor: The Veteran was granted SMC under 38 U.S.C. § 1114(k) for the anatomical loss of 25 percent or more of tissue from a single breast, and the claim is dismissed as there remains no case in controversy.
- Claimed conditions
- Breast cancer, Genital herpes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- August 20, 2024
- Citation
- A24048218
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 A24048218.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the claim for a higher initial rating for genital herpes due to insufficient evidence regarding the frequency and severity of flare-ups.
- Denied
The Board denied the veteran's claims for a compensable rating for genital herpes, migraine, and service connection for shin splints.
- Partly granted
The Board denied service connection for a neck disability and remanded claims for asthma, pulmonary embolism, thyroid cancer, acute pancreatitis, breast cancer, hypertension, left knee condition, right knee condition, and an acquired psychiatric disability.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral hearing loss, tinnitus, asthma, and breast cancer to obtain outstanding service treatment records.
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