The Veteran's appeal was 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 this claim.
- Claimed conditions
- pancreas
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 14, 2010
- Citation
- 1034595
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 1034595.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the Veteran's claims for service connection for disability of pancreas and gall bladder, reopened her claim of entitlement to service connection for lupus, granted effective dates prior to April 25, 2008, January 28, 2009, and September 2, 2011 for the grants of increased ratings for pelvic inflammatory disease, depressive disorder, and a separate rating for surgical scar associated with colitis, status post small bowel resection. The Veteran's claim for an effective date prior to August 25, 2008 for Dependents' Educational Assistance was denied. Her claim for a rating in excess of 30 percent for chronic tension headaches was also denied.
- Denied
The VA denied the claim for service connection for the Veteran's cause of death, concluding that his cancer was not caused by in-service malaria or amebic abscess.
- Denied
The Board denied the claim for service connection for the cause of death, finding that there was no evidence linking the veteran's fatal condition to his military service or any presumptive conditions associated with herbicide exposure.
- Denied
The appellant was the veteran's surviving spouse at the time of his death, but she remarried in 1987 and is therefore not eligible for VA benefits as a properly recognized surviving spouse.
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