The Board dismissed the appeal due to the veteran's death, and thus has no jurisdiction to adjudicate the merits of the claim.
The deciding factor: The veteran died during the pendency of his appeal, resulting in a lack of jurisdiction for the Board to consider the merits of the case.
- Claimed conditions
- colitis, bowel obstruction
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2001
- Citation
- 0102004
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 0102004.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 compensation under the provisions of 38 U.S.C. § 1151 for ulcers, H. pylori, and colitis as a result of over-prescription of Ibuprofen by VA.
- Partly granted
The Board granted service connection for colitis and left shoulder disability, while denying service connection for sleep apnea and right shoulder disability.
- Dismissed
The Veteran has withdrawn the appeal for service connection for multiple conditions, and the Board does not have jurisdiction to review the appeal.
- Remanded (sent back)
The Board remands the claim for an initial disability rating in excess of 60 percent for service-connected helicobacter pylori and gastritis (nausea) as well as issues related to noninfective gastroenteritis, colitis, gastroesophageal reflux disease, and a diaphragmatic hernia.
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