The veteran's motion for CUE in a 1985 Board decision regarding an increased disability rating for post-concussion syndrome is dismissed due to the death of the veteran.
The deciding factor: The veteran died before the Board could issue a decision on the motion, thus losing jurisdiction over the case.
- Claimed conditions
- post-concussion syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2000
- Citation
- 0009439
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 0009439.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 post-concussion syndrome, migraine headaches, and benign paroxysmal positional vertigo (BPPV) as these conditions clearly and unmistakably preexisted the Veteran's active duty service and were not permanently worsened beyond their natural progression by such service.
- Remanded (sent back)
The Board remands the claims for service connection for headaches and post-concussion syndrome to schedule a VA examination due to missing service treatment records.
- Granted
The veteran's claim for service connection of obstructive sleep apnea (OSA) as secondary to major depressive disorder with anxious distress and post-concussion syndrome has been granted. The evidence was balanced, but the benefit of the doubt was given to the veteran.
- Remanded (sent back)
The Board remanded the claim for service connection of post-concussion syndrome because the Veteran was not given a VA examination to determine if her symptoms were related to this condition. The case will be reviewed again with new evidence.
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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.