The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.
The deciding factor: The Veteran died during the pendency of his appeal, which resulted in the dismissal of the case as the Board does not have jurisdiction over deceased appellants' claims.
- Claimed conditions
- chronic lymphocytic leukemia (CLL)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2010
- Citation
- 1043328
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 1043328.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's appeal is being remanded to obtain a medical examination regarding the severity of his residuals from chronic lymphocytic leukemia (CLL), including chronic fatigue. The initial compensable rating for CLL remains denied.
- Granted
The Board has granted service connection for CLL, B-cell leukemia, and diffuse large B-cell lymphoma on a presumptive basis due to in-service herbicide exposure. The Veteran served within the territorial sea of the Republic of Vietnam during his active duty.
- Granted
The Veteran's supplemental claim for service connection for sleep apnea, CLL and CFS was granted. The appeal is based on new evidence that reopened the previously denied claims.
- Remanded (sent back)
The Veteran's claims for service connection for chronic lymphocytic leukemia and renal cell carcinoma are remanded due to the need for additional medical examinations and development of his exposure history.
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