The Veteran's appeal for compensation under 38 U.S.C.A. § 1151 for kidney failure as caused by medication prescribed by VA has been dismissed due to the death of the Veteran.
The deciding factor: The Veteran died during the pendency of his appeal, thus the Board has no jurisdiction to adjudicate the merits of this claim.
- Claimed conditions
- kidney failure
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2009
- Citation
- 0912595
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0912595.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
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The Board has granted service connection for a right shoulder pain disability and denied the claims for erectile dysfunction, left shoulder condition, diabetes, kidney failure, and stomach upper and lower conditions.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to readjudicate the previously denied claims of service connection for hypertension and kidney failure. The AOJ is required to consider this new evidence in deciding these claims.
- Remanded (sent back)
The Board has remanded the claims for hypertension and kidney failure due to potential exposure to herbicides during service. The appellant must provide a new TERA memorandum addressing his claimed exposure, specifically considering the January 2024 Gagetown Commission Report.
- Remanded (sent back)
The Veteran's claims for service connection are remanded due to the need for additional medical opinions regarding his claimed conditions and their relationship to service. The AOJ will obtain a medical opinion on whether the Veteran has residuals of rhabdomyolysis, as well as readjudicate all issues related to service connection.
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