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 result, the Board has no jurisdiction to adjudicate the merits of this claim.
- Claimed conditions
- acid reflux, esophagus cancer
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 7, 2008
- Citation
- 0815083
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeal was remanded for the AOJ to provide the Veteran with notice concerning his right to a hearing under 38 C.F.R. § 3.103(b)(1) and (d)(1).
- Denied
The Board denied service connection for acid reflux, irritable bowel syndrome, back pain, tuberculosis (TB), and bilateral hearing loss. The claim for a higher rating for bilateral pes planus was also denied.
- Denied
The Board denied service connection for all claimed conditions as there was no evidence linking them to the Veteran's active duty service.
- Denied
The Board denied service connection for acid reflux, back pain, bilateral flat feet, left bunion, right bunion and right toe pain, 'black out frequency', right hip pain, bilateral hearing loss, tinnitus, and PTSD as there was no evidence of a current disability or sufficient evidence to support the claim.
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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.