The Veteran's appeal has been dismissed due to his death.
The deciding factor: The Veteran died during the pendency of his appeal, thus the Board has no jurisdiction to adjudicate the merits of the claims.
- Claimed conditions
- carcinoma of the rectum, carcinoma of the liver
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 28, 2009
- Citation
- 0932427
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 0932427.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran is requesting that the AOJ adjudicate whether revision of a March 2006 rating decision which awarded a 100 percent disability rating for carcinoma of the liver and carcinoma of the lung, resulting in the continuation of SMC (L) for aid and attendance, is warranted due to clear and unmistakable error. The Board finds this constitutes pre-decisional error and remands the matter.
- Granted
The Board has determined that the Veteran's service-connected asbestosis with pleural plaques contributed to his death from carcinoma of the liver, granting service connection for cause of death.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's service-connected conditions were the proximate cause or aggravated his death. The claims for increase are also referred.
- Remanded (sent back)
The claim for service connection for the Veteran's cause of death is reopened, but additional development is needed to determine the etiology of his death and whether he was exposed to herbicide agents during service.
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.