The appeal was dismissed due to the veteran's death.
The deciding factor: The veteran died during the pendency of the appeal, and as a matter of law, veterans' claims do not survive their deaths.
- Claimed conditions
- hypertensive cardiovascular disease, pulmonary tuberculosis (PTB), deafness, arthritis, hemorrhoids, lumbar injury, left elbow disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2008
- Citation
- 0809754
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board remands the appeal to obtain a VA medical opinion that considers the Veteran's contentions of in-service training with heavy gear and equipment.
- Remanded (sent back)
The Board remands the claim for service connection for hemorrhoids due to a pre-decisional duty to assist error, requiring an additional direct medical opinion.
- Granted
The Board granted a 10 percent rating for hemorrhoids, which fully satisfies the Veteran's appeal.
- Partly granted
The appeal for service connection for fibromyalgia was granted with an effective date of August 14, 2023. The appeals for earlier effective dates and higher ratings were denied.
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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.