The Board has dismissed the appeal as the veteran died during the pendency of his case, and the RO is directed to vacate the February 2004 rating decision regarding the issues of entitlement to an evaluation greater than 60 percent for ischemic heart disease, a compensable evaluation for malaria, service connection for irritable bowel syndrome, and to reopen the previously denied claims for service connection for peptic ulcer disease, deafness, hypertension, pneumonia, and post operative neck surgery on the basis of the submission of new and material evidence.
The deciding factor: The veteran died during the pendency of his appeal, which resulted in the dismissal of the appeal as moot due to lack of jurisdiction.
- Claimed conditions
- ischemic heart disease, malaria
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2005
- Citation
- 0530828
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 0530828.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 the Veteran's claim for service connection for a heart condition, including ischemic heart disease. The evidence did not support a finding of a current disability related to service.
- Granted
The Veteran's ischemic heart disease is granted as presumptively related to his service in the Gulf War, specifically aboard the USS Chanticleer and USS Mataco.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
- Granted
The Veteran's claim for a heart disability prior to his death is granted as he was entitled to accrued benefits due to the September 1994 claim, which included ischemic heart disease, a covered herbicide disease.
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