The veteran's appeal was dismissed due to his death, and the Board's decision from which the appeal was taken is vacated.
The deciding factor: The veteran died during the pendency of the appeal, rendering it moot and resulting in the dismissal of the case for lack of jurisdiction.
- Claimed conditions
- hepatitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2009
- Citation
- 0903143
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 the Veteran's cause of death due to hepatitis, finding no evidence that it was related to his military service.
- Partly granted
The Board denied the claim for service connection for a dental condition and remanded claims for service connection for hepatitis, an acquired psychiatric disorder, and a left shoulder condition.
- Remanded (sent back)
The Board remands the claim for service connection for hepatitis to ensure a VA examination and medical opinion are obtained, addressing potential pre-service exposure and in-service herbicide agent exposure.
- Granted
The Board granted service connection for a lung disorder, hepatitis, a low back disorder, residuals following a right leg abscess, and a bilateral foot disorder based on the Veteran's in-service exposures.
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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.