The appeal was dismissed due to the death of the appellant.
The deciding factor: The Board has no jurisdiction to adjudicate the merits of this claim due to the death of the veteran.
- Claimed conditions
- gastric cancer, kidney disease, peripheral neuropathy
- How they argued it
- Not specified
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- April 3, 2008
- Citation
- 0811057
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claim for service connection for cause of death to obtain a new medical opinion due to errors in previous examinations.
- Dismissed
The appeal for service connection for kidney disease, mass on kidney, and thyroidectomy was withdrawn by the Veteran's attorney representative.
- Remanded (sent back)
The Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Dismissed
The appeals for service connection for various conditions were dismissed due to the Veteran's death.
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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.