The Veteran's appeal for service connection for the loss of a kidney has been dismissed due to his death.
The deciding factor: The Veteran died during the pendency of his appeal, thus the Board does not have jurisdiction to adjudicate the merits of this claim.
- Claimed conditions
- loss of a kidney
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 4, 2009
- Citation
- 0933333
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 0933333.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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's claims for compensation under 38 U.S.C. § 1151 are remanded due to the need for additional medical opinions regarding whether his disabilities were caused by VA treatment and if so, whether they resulted from carelessness, negligence, or lack of proper skill on the part of VA.
- Denied
The Board has denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for loss of a kidney, dysuria, erectile dysfunction, and acquired psychiatric disorder due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
- Remanded (sent back)
The Board has remanded the cases due to insufficient medical opinions regarding the Veteran's kidney disabilities and their relation to military service, including his presumed exposure to herbicide agent. The VA examiner needs to provide additional detailed opinions on causation and aggravation.
- Remanded (sent back)
The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's kidney disability is related to his service.
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