The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
The deciding factor: Due to the death of the Veteran, the Board lacks jurisdiction to adjudicate the merits of these claims.
- Claimed conditions
- cardiovascular disease (originally claimed as coronary artery disease with coronary artery bypass graft (CABG)), diabetes mellitus, type II, renal cell carcinoma with left nephrectomy, renal nephropathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2009
- Citation
- 0909353
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Remanded (sent back)
The Board remands the claims for service connection for right foot, left elbow, left hip, left ankle, and diabetes mellitus to obtain additional medical evidence.
- Denied
The Board denied service connection for cervical spine condition, diabetes mellitus, heart condition, lumbar spine condition, and urinary frequency and voiding condition as there was no evidence of a current diagnosis or in-service incurrence or aggravation.
- Partly granted
The Board granted service connection for asthma and remanded the claims for sinus disability, bilateral hip disability, right shoulder disability, hypertension, sleep apnea, diabetes mellitus, skin disability, back disability, bilateral neurological disability of the upper extremities, and bilateral neurological disability of the lower extremities.
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