The appeal was dismissed due to the death of the veteran.
The deciding factor: The appellant died during the pendency of the appeal, and as a matter of law, claims do not survive an appellant's death.
- Claimed conditions
- chronic sinusitis, reactive depression with anxiety (nerves), left leg venous insufficiency (varicose and swelling veins), right leg venous insufficiency (varicose and swelling veins)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2008
- Citation
- 0814057
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 a deviated septum and denied compensable ratings for allergic rhinitis, chronic sinusitis, hypothyroidism, and hypertension.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, with the exception of remanding certain issues.
- Remanded (sent back)
The Board remands the claims for service connection for chronic sinusitis, left shoulder strain, lumbosacral strain, and radiculopathy of the right lower extremity to ensure compliance with its previous remand directives.
- Remanded (sent back)
The Board remands the claims for service connection for chronic sinusitis, left shoulder strain, lumbosacral strain, and radiculopathy of the right lower extremity to ensure compliance with its previous remand directives.
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