The appeal was dismissed due to an impermissible concurrent election and the January 2024 AOJ decision on DM was not final.
The deciding factor: The Board found that the Veteran's September 2024 VA Form 10182 was an improper concurrent election, as a higher-level review of the service connection claim for prostate cancer was pending and no waiver was made. Additionally, the January 3, 2024, AOJ decision on DM was not final.
- Claimed conditions
- prostate cancer, diabetes mellitus, type 2 (DM), left wrist scar
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2025
- Citation
- A25032633
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Remanded (sent back)
The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Remanded (sent back)
The Veteran is granted an effective date of April 25, 2014, for service connection for prostate cancer.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.