The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to take further action on the merits of this case.
The deciding factor: The Veteran died while his appeal was pending, making it impossible for the Board to make a decision on the merits.
- Claimed conditions
- right orchiectomy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 2, 2009
- Citation
- 0932995
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 0932995.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 regarding the issues of entitlement to a compensable disability rating for right orchiectomy, entitlement to service connection for bladder outlet obstruction, and entitlement to service connection for nocturia.
- Remanded (sent back)
The Board has decided to remand the issues of whether severance for the grant of service connection for right orchiectomy and entitlement to SMC K on account of anatomical loss of a creative organ is proper due to an inadequate medical opinion in the original decision.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a VA genitourinary medical opinion regarding whether his remaining testicle is nonfunctioning. The claim will be readjudicated after obtaining this information.
- Remanded (sent back)
The Board has remanded the case for an additional medical opinion to determine if the Veteran's pseudomonas infection, right orchiectomy and scrotal resection, and prostate resection resulted from VA cystoscopy and prostate biopsy. The opinion should address whether the disability was proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
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