The appeal was dismissed due to the veteran's death.
The deciding factor: The veteran died during the pendency of the appeal, and as a matter of law, claims do not survive their deaths.
- Claimed conditions
- cirrhosis of the liver
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2009
- Citation
- 0903802
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeals for service connection for various conditions were dismissed due to the Veteran's death.
- Granted
The Board granted service connection for cirrhosis of the liver, finding that it was due to herbicide exposure during the Veteran's service in Vietnam.
- Partly granted
The Board granted an initial rating of 40 percent for hepatitis C and cirrhosis of the liver, but denied earlier effective dates for service connection and a higher rating for tinnitus.
- Partly granted
The Board denied an initial rating in excess of 100 percent for lung cancer but granted special monthly compensation (SMC) based on the need for aid and attendance, effective December 7, 2022.
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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.