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, veterans' claims do not survive their deaths.
- Claimed conditions
- hearing loss disability, tinnitus disability, eye disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 7, 2008
- Citation
- 0815084
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 an eye disability, as there was no evidence of a current disability related to symptoms of blurriness and watery eyes during the appeal period.
- Denied
The Board denied service connection for hearing loss disability, neck strain, and tinea pedis. The Veteran's claim for an increased initial disability rating in excess of 10 percent for tinnitus was also denied. The claims for service connection for right and left knee patellofemoral pain syndrome were remanded.
- Denied
The Board denied the Veteran's claims for service connection for an eye disability and an initial rating in excess of 50 percent for migraines due to insufficient evidence.
- Remanded (sent back)
The Board remands the claim for an eye disability for a VA examination and medical opinion to determine if it is related to service-connected disabilities.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.