The appeal was dismissed due to the veteran's death prior to the Board's decision.
The deciding factor: The veteran died during the pendency of the appeal, and as a result, his claim ceased to be actionable.
- Claimed conditions
- hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2009
- Citation
- 0900861
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Dismissed
The appeal for service connection for a left wrist condition was dismissed due to concurrent election of higher-level review. The claims for an initial compensable rating for bilateral pes planus, and for service connection for hearing loss, neck strain, and dermatitis were denied.
- Partly granted
The Board dismissed the appeal for service connection for anxiety disorder and denied service connection for hearing loss. The claims for service connection for GERD, right ankle limitations, and sinusitis were remanded for further development.
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