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
- bilateral extremity flaccid paralysis, bowel incontinence, bladder incontinence, scars, neck and buttocks
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2009
- Citation
- 0900368
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 hemorrhoids, scars, low back disability, left ankle disability, left and right shoulder disabilities, and left and right hip disabilities as the evidence did not show that the Veteran had these conditions or related symptoms during the appeal period.
- Partly granted
The Board denied service connection for several disorders, granted service connection for tinnitus, and remanded additional claims for further development.
- Denied
The Board denied the veteran's request for an earlier effective date for service connection for various conditions, including cervical spine disability, numbness of upper extremities, right shoulder impingement syndrome, allergic rhinitis, and scars.
- Denied
The Board denied service connection for various conditions, including renal failure, sleep apnea, erectile dysfunction, blackout spells, swelling of the eyelids, diminished eyesight, sleep deprivation, and bladder incontinence. The Board also denied a rating in excess of 10 percent for left ankle tendonitis associated with residual scar.
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