The Veteran's appeal was dismissed due to his death, and no jurisdiction remains for the merits of this claim.
The deciding factor: The appellant died during the pendency of the appeal, thus losing jurisdiction over the case.
- Claimed conditions
- carcinoma of the right lung, pneumonectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2010
- Citation
- 1039134
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 1039134.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's lung cancer residuals have been rated at 100 percent from November 12, 2004 to August 17, 2007 and in excess of 60 percent beginning April 26, 2017. The Board has determined that the current rating of 30 percent is appropriate for the period from August 17, 2007 to April 26, 2017.
- Remanded (sent back)
The Veteran's lung disorder, which required a pneumonectomy in 2008, is being remanded for further examination and opinion as to whether it was incurred or due to his active duty service, including exposure to asbestos.
- Granted
The Veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 for residuals of a pneumonectomy was granted with an effective date of May 8, 1986.
- Denied
The Board denied the claim for Dependency and Indemnity Compensation (DIC) benefits as there was no evidence that a service-connected disability caused or contributed to the veteran's death.
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