The veteran's appeal has been dismissed due to his death. The Board cannot consider the merits of the claim as he is no longer alive.
The deciding factor: The veteran died during the pendency of his appeal, thus rendering the case moot.
- Claimed conditions
- post-traumatic stress disorder (PTSD), cardiovascular disability, respiratory disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 9, 2006
- Citation
- 0606812
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claim for service connection for PTSD to be readjudicated on the merits due to new and relevant evidence.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Remanded (sent back)
The Board remands the claim for an evaluation in excess of 70 percent disabling for service-connected PTSD due to duty-to-assist errors.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.