The veteran's appeal has been dismissed due to his death.
The deciding factor: The veteran died during the pendency of his appeal, thus the Board has no jurisdiction to adjudicate the merits of this claim.
- Claimed conditions
- chronic obstructive pulmonary disease, emphysema, pulmonary hyperaeration, benign prostatic hypertrophy with dysuria, atherosclerosis, spondylosis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 1, 2005
- Citation
- 0532378
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 0532378.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
- Remanded (sent back)
The Veteran's service connection claims for coronary artery disease, atherosclerosis, peripheral vascular disease, varicose veins, and irritable bowel syndrome are remanded due to the need for additional medical opinions regarding secondary service connection.
- Dismissed
The appeal seeking readjudication of the previously denied claim for PTSD and multiple other conditions is dismissed due to a procedural defect. The Veteran's authorized representative at the time the appeal was submitted did not have the authority to file the appeal.
- Remanded (sent back)
The Board has remanded the case due to a lack of evidence regarding the etiology of the Veteran's cervical spine disorder and an incomplete record of chiropractic care. The Veteran is requested to provide or authorize VA to obtain his treatment records from chiropractors, and an addendum opinion will be provided by a VA examiner.
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