The appeal was dismissed due to the veteran's death, and the Board has no jurisdiction to adjudicate the merits of this claim.
The deciding factor: The Court vacated the previous decision by the Board and dismissed the appeal for lack of jurisdiction due to the veteran's death.
- Claimed conditions
- skin disorder, claimed as multiple chemical sensitivity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2009
- Citation
- 0903001
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Board dismissed the claims for service connection for chronic lymphocytic leukemia and a skin disorder due to an improper concurrent election. The effective dates for the lumbar spine disability, left lower extremity radiculopathies, and TDIU were denied as they did not meet the criteria for earlier effective dates.
- Remanded (sent back)
The Board remands the issues of service connection for a bilateral foot disorder, an acquired psychiatric disorder, a skin disorder, and a sleep disorder, as well as an evaluation in excess of 10 percent for cystitis, due to the need for further development.
- Partly granted
The Board granted a 20 percent rating for left foot injury residuals and left foot strain, but denied ratings in excess of 10 percent for hand/finger strains and service connection for a skin disorder.
- Denied
The Board denied increased ratings for tinnitus, corneal scar of the right eye with cataract and pinguecula, and PTSD, but remanded a claim for service connection for a skin disorder.
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