The Board has dismissed the motions due to the death of the moving party.
The deciding factor: The moving party died prior to any ruling on these motions, and as a result, the Board has no jurisdiction to rule on them.
- Claimed conditions
- residuals of a neck injury, bilateral varicose veins, disability of the central nervous system, peptic ulcer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2010
- Citation
- 1035435
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 1035435.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remanded the claims for diabetes mellitus type II and bilateral varicose veins due to insufficient medical opinions regarding their etiology. The Veteran's service connection claims are not granted as there is no direct evidence linking his conditions to his active service.
- Granted
The Board has granted the Veteran's claim for service connection for residuals of a neck injury, finding that his current disability and in-service injury are related.
- Granted
The Veteran's claims for service connection for bilateral elbow disorder, bilateral hearing loss, and residuals of a neck injury have been granted. The claim for sleep apnea has been withdrawn.
- Partly granted
The Veteran's appeal includes claims for service connection for a peptic ulcer and an initial rating for his right shoulder disability. The Board has remanded the issues of service connection for the peptic ulcer and the right shoulder disability, while denying an increased rating for the right shoulder disability and remanding the issue of effective date for TDIU prior to January 4, 2014.
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