The Board dismissed the appeal due to the death of the moving party, and thus has no jurisdiction to rule on this motion.
The deciding factor: The appellant died during the pendency of the motion for CUE in a prior Board decision, making the Board's jurisdiction moot.
- Claimed conditions
- residuals of frostbite of both feet, thromboangiitis obliterans
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 18, 2010
- Citation
- 1006050
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 1006050.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board has denied service connection for residuals of frostbite of both feet and remanded the issue of service connection for soft tissue carcinoma to include lipoma as due to herbicide exposure.
- Granted
The Board has determined that the Veteran's current bilateral foot condition, including thromboangiitis obliterans (Buerger’s disease), began during his active service and granted service connection for this condition.
- Remanded (sent back)
The Board has remanded the cases for further development and examination to determine if the Veteran has any current residuals of frostbite of both feet, as well as whether he is entitled to service connection for a soft-tissue tumor. The issues are being addressed by a single Veterans Law Judge due to the hearing held at the RO.
- Denied
The Veteran's claims for residuals of frostbite of both feet were denied as the evidence did not show a current disability and there was no indication that the cold injury during service caused any residual disabilities.,The Veteran's claim for residuals of frostbite of the right foot was denied. The evidence showed that the cold injury resolved prior to separation from service, and there is no indication that it caused any current disabilities.,The Veteran's claim for residuals of frostbite of the left foot was denied. Similar to the right foot, the evidence did not show a current disability and there was no indication that the cold injury during service caused any residual disabilities.,The Veteran's claim for residuals of a head injury was denied as he does not have a currently diagnosed condition.,The Veteran's claims for eye disability (presumed refractive errors) and seizure disorder were denied. The evidence did not show a current disability or indicate that the conditions had their onset during service.
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