The veteran's appeal for a higher initial evaluation, in excess of 10 percent, for residuals of a hiatal hernia has been dismissed due to the death of the veteran during the pendency of his appeal.
The deciding factor: The veteran died after filing an appeal but before the Board could make a decision on the merits. As per VA regulations, when this happens, the Board loses jurisdiction over the case.
- Claimed conditions
- hiatal hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2003
- Citation
- 0309160
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 0309160.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 chronic kidney disease, atrial fibrillation, hiatal hernia, COPD, and prostate cancer as a result of toxic exposure during the Veteran's military service.
- Partly granted
The Board granted a 30 percent disability rating for GERD and hiatal hernia, effective March 31, 2020, but denied an earlier effective date and a higher initial rating.
- Partly granted
The Board granted service connection for hiatal hernia but denied it for obstructive sleep apnea.
- Denied
The Board denied service connection for diabetes mellitus type II, gastroesophageal reflux disease (GERD), hiatal hernia, stage 3 chronic kidney disease, varicose veins of the right lower extremity, and varicose veins of the left lower extremity as there was no evidence to support a nexus between these conditions and the Veteran's service.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.