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, claims do not survive their deaths.
- Claimed conditions
- heart disorder, anxiety psychoneurosis, bronchitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2008
- Citation
- 0810021
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 bronchitis, COPD, asthma, and plantar fasciitis as not being related to the Veteran's military service. The Board also denied an increased rating for painful malunion of the left clavicle, compensation under 38 U.S.C. § 1151 for obstructive sleep apnea (OSA), and a total disability rating based on individual unemployability due to service-connected disabilities.
- Granted
The Board granted service connection for a heart disorder, specifically atrial fibrillation, due to exposure to herbicide agents during active duty service in the Republic of Vietnam.
- Dismissed
The Board dismissed the claims for service connection for bronchitis, COPD, asthma, compensation under 38 U.S.C. § 1151 for OSA, and an increased rating higher than 20 percent for painful malunion of the left clavicle.
- Remanded (sent back)
The Board remands the claims for service connection for heart disorder, stroke residuals, sleep apnea, and gastroesophageal reflux disease (GERD) to obtain addendum opinions addressing specific risk factors.
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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.