The appeal was dismissed due to the death of the appellant.
The deciding factor: The Board has no jurisdiction to adjudicate the merits of his claims due to the death of the appellant.
- Claimed conditions
- hearing loss, arthritis, upper and lower extremities, osteoarthritis, lumbar area (claimed as back pain due to trauma), tuberculosis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2008
- Citation
- 0810572
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Dismissed
The appeal for service connection for a left wrist condition was dismissed due to concurrent election of higher-level review. The claims for an initial compensable rating for bilateral pes planus, and for service connection for hearing loss, neck strain, and dermatitis were denied.
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