The veteran's appeal has been dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of these claims.
The deciding factor: The veteran died during the pendency of the appeal, which resulted in the dismissal of the case as the Board does not have jurisdiction over deceased veterans' cases.
- Claimed conditions
- malaria, left ankle fracture
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2003
- Citation
- 0307179
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 0307179.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted an increased disability evaluation of 100 percent for service-connected malaria, finding the evidence to be in approximate equipoise as to whether the Veteran's malaria was active during the appeal period.
- Dismissed
The appeal of whether new and material evidence has been presented to reopen a claim of service connection for a left ankle fracture is dismissed. The Board will consider the Veteran's claims for service connection for a brain tumor and heart disease related to in-service exposure to commercial herbicides, PCBs, and asbestos.
- Denied
The Board denied the Veteran's claim for service connection for malaria, including residuals, as there is no current diagnosis of malaria or residuals.
- Denied
The Board denied the Veteran's claim for an initial compensable evaluation for malaria as there was no evidence of active malaria or any current residuals affecting a bodily system.
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