The Veteran's appeal was dismissed due to his death.
The deciding factor: The Veteran died during the pendency of his appeal, and the Board has no jurisdiction to adjudicate the merits of this claim at this time.
- Claimed conditions
- asbestosis, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 23, 2010
- Citation
- 1035991
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 1035991.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the claim for a respiratory disability to obtain an adequate VA examination and additional evidence regarding the Veteran's exposure to herbicide agents during service.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
- Partly granted
The Board granted service connection for coronary artery disease (CAD) and remanded the claim for chronic obstructive pulmonary disease (COPD).
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.