Dismissed
The appeal was dismissed due to the death of the appellant before a decision could be issued.
The deciding factor: The case was dismissed for lack of jurisdiction as the appellant had passed away during the pendency of the appeal.
- Claimed conditions
- hypopharyngeal cancer
- How they argued it
- Not specified
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- March 9, 2009
- Citation
- 0908605
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.