The Veteran's claim for an initial rating in excess of 30 percent for hepatitis B was dismissed due to the death of the appellant.
The deciding factor: The appeal was dismissed as the appellant died during the pendency of the appeal, resulting in a lack of jurisdiction over the merits of the case.
- Claimed conditions
- hepatitis B
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 1, 2009
- Citation
- 0916387
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 0916387.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran withdrew his appeal for increased ratings for hepatitis B and C with chronic fatigue, migraines, cervical strain with degenerative arthritis, and chronic cartilage fracture at junction of 10th and 11th right rib complex.
- Remanded (sent back)
The Veteran's claim for service connection for sleep apnea is being remanded due to the submission of new and relevant evidence. The claim for a higher initial rating for hepatitis B remains denied.
- Denied
The Veteran's decreased sexual drive and erectile dysfunction were not found to be related to his military service, including exposure to herbicide agents.,The Veteran's hepatitis B and hepatitis C were not found to be related to his military service, including exposure to herbicide agents.
- Granted
The Veteran's hepatitis B is found to have originated during his active-duty service, and the Board grants service connection for this condition.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.