The appeal was dismissed due to the death of the appellant.
The deciding factor: The case is moot as the appellant has passed away, and thus the Board lacks jurisdiction to adjudicate the merits of the claim.
- Claimed conditions
- post-traumatic stress disorder (PTSD), porphyria cutanea tarda (PCT), claimed as due to exposure to Agent Orange, liver disorder, claimed as due to exposure to Agent Orange, peripheral neuropathy, claimed as due to exposure to Agent Orange
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- February 17, 2009
- Citation
- 0905654
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the claim for service connection for PTSD to be readjudicated on the merits due to new and relevant evidence.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Remanded (sent back)
The Board remands the claims for service connection for kidney, liver, and pituitary gland disorders to obtain an addendum medical opinion regarding their nature and etiology.
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