The appeal was dismissed due to the veteran's death during its pendency.
The deciding factor: The veteran died, and veterans' claims do not survive their deaths, thus the appeal is moot.
- Claimed conditions
- type II diabetes mellitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 22, 2008
- Citation
- 0816891
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claim for an increased rating in excess of 20 percent for type II diabetes mellitus to address a pre-decisional duty to assist error regarding VA not requesting private treatment records.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for type II diabetes mellitus due to a need for an additional medical opinion.
- Partly granted
The Board granted service connection for bilateral hearing loss and an effective date of October 24, 2022, for obstructive sleep apnea. Other claims were denied or remanded.
- Denied
The Board denied service connection for type II diabetes mellitus, finding no evidence of the condition during service or within a year of discharge and no link to in-service exposure.
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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.