The Board dismissed the appeal due to the Veteran's death, and no new and material evidence was received for the claim of residuals of a chest injury. Service connection was denied for cirrhosis and disability resulting from asbestos exposure.
The deciding factor: The Veteran died during the pendency of his appeal, thus the Board had no jurisdiction to adjudicate the merits of the case.
- Claimed conditions
- residuals of a chest injury, cirrhosis, disability resulting from exposure to asbestos
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2010
- Citation
- 1002767
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 1002767.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted an effective date of March 8, 2024 for the grant of service connection for type 2 diabetes mellitus but denied earlier effective dates for atrial fibrillation and congestive heart failure. The other claims were remanded.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for the Veteran's cause of death, for purposes of entitlement to dependency and indemnity compensation (DIC), as further development is necessary.
- Granted
The Board granted service connection for prostate cancer residuals and cirrhosis, both presumed to be related to exposure to contaminated water at Camp Lejeune.
- Remanded (sent back)
The Board remands the claim for additional development, including generating a TERA memorandum and obtaining an advisory medical opinion regarding the cause of the Veteran's death.
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