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
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient detail in a previous VA medical opinion regarding whether malaria or scarlet fever during service contributed to the Veteran's death. The case must be returned for further evaluation.
- Denied
The Veteran's left ankle fracture requiring the prescribed use of a CAM walker boot is not considered akin to immobilization by cast, and therefore, he does not meet the criteria for a temporary total rating under 38 C.F.R. § 4.30.
- Dismissed
The appeal has been dismissed due to the death of the Appellant, and no decision can be made on the underlying claims.
- Dismissed
The Veteran's appeal for an increased rating for malaria was dismissed because the November 17, 2025 request for Board review came before the September 16, 2025 higher-level review of the same issue had been completed.
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