The Board has dismissed the veteran's claim of entitlement to a permanent and total disability rating for nonservice-connected disability pension purposes due to his failure to respond or acknowledge communications from VA, as well as his failure to report for scheduled examinations.
The deciding factor: The veteran repeatedly failed to provide necessary medical evidence and failed to report for scheduled VA examinations without good cause.
- Claimed conditions
- unknown
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2006
- Citation
- 0607664
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeal is being remanded to address his challenge to the validity of the overpayment amount and his claim for apportionment of benefits. The Board cannot proceed with these issues until they are resolved.
- Dismissed
The Veteran withdrew their appeal, and the Board dismissed it due to the withdrawal.
- Remanded (sent back)
The Board has remanded the cases for further development due to insufficient notice of a VA examination.
- Dismissed
The Board dismissed the issue of entitlement to waiver of overpayment created by the removal of the Veteran's former spouse, O.H., as there was no case or controversy regarding this matter. The COWC granted a waiver of the full amount of the Veteran’s overpayment debt.
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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.