The Veteran's appeal was dismissed due to his death prior to a decision being made on the claim.
The deciding factor: The Veteran died during the pendency of his appeal, which resulted in the Board having no jurisdiction to adjudicate the merits of the case.
- Claimed conditions
- non-small cell carcinoma of the lung
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 22, 2013
- Citation
- 1306159
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 1306159.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for the cause of the Veteran's death due to non-small cell carcinoma of the lung, finding that there was no service-connected disability at the time of his death and concluding that the evidence did not support a nexus between the cause of death and military service.
- Granted
Right ear hearing loss is granted as service-connected.,Diabetes mellitus, type II, is denied as not related to service or exposure to burn pits.,Non-small cell carcinoma of the lung is denied as not related to service or exposure to burn pits.
- Remanded (sent back)
The Board has remanded the case due to insufficient development and lack of consideration of certain factors related to herbicide exposure and service connection for cause of death.
- Denied
The Veteran's claim for an earlier effective date for the grant of service connection for non-small cell carcinoma of the lung was denied as there is no evidence that he had filed a prior claim or intent to file one before October 27, 2011. The effective date assigned is October 27, 2011.
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