The Board dismissed the claims for service connection for various conditions due to untimeliness of the Veteran's VA Form 10182 or as moot, and remanded the claim for diabetes mellitus type II.
The deciding factor: The claims were dismissed due to untimeliness of the Veteran's VA Form 10182 within one year of the September 2022 rating decision which last adjudicated entitlement to service connection for congenital heart defects, pulmonary fibrosis, and arrhythmias. The claim for chronic fatigue syndrome was dismissed as moot.
- Claimed conditions
- Congenital heart defects, Pulmonary fibrosis, Arrhythmias, Chronic fatigue syndrome, Pulmonary hypertension to include as secondary to obstructive sleep apnea, Carotid artery disease due to asbestos exposure, Pericardial effusion, Ischemic heart disease with tachycardia, atrial flutter, and cardiomyopathy, Pulmonary vascular disease, Left upper extremity neuropathy due to asbestosis also claimed as carpal tunnel and diabetic peripheral neuropathy, Right upper extremity neuropathy due to asbestosis also claimed as carpal tunnel and diabetic peripheral neuropathy, Right lower extremity neuropathy due to asbestosis and diabetes mellitus type II (also claimed as proximal neuropathy), Rheumatoid lung disease and interstitial lung disease due to asbestos exposure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2025
- Citation
- A25035069
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The appeal was withdrawn by the Veteran before the Board promulgated a decision.
- Partly granted
The Board granted an effective date of April 5, 2018, for the award of service connection for PTSD and denied earlier effective dates for erectile dysfunction, left ear hearing loss, migraines, and other conditions.
- Partly granted
The Board granted service connection for lumbar spine disability, as secondary to the Veteran's service-connected left foot crush injury, and sciatic radiculopathy of both lower extremities, also secondary to the newly service-connected lumbar spine disability. The Board denied an initial rating in excess of 70 percent for depressive disorder with unspecified anxiety disorder and a compensable rating for allergic rhinitis.
- Partly granted
The Board denied service connection for bilateral hearing loss and chronic fatigue syndrome, but granted separate initial 10 percent ratings for right and left lower extremity restless leg syndrome associated with sciatic radiculopathy. The claims for increased ratings for lower extremity radiculopathy were also denied, as were the claims for higher ratings for knee conditions and IBS.
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