The Veteran's claim for a rating in excess of 30 percent for traumatic encephalopathy has been dismissed due to the death of the appellant.
The deciding factor: The appeal was dismissed because the appellant died during the pendency of the appeal and the Board does not have jurisdiction to adjudicate the merits of the case at this time.
- Claimed conditions
- Traumatic encephalopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2013
- Citation
- 1311251
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 1311251.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 case for additional development to determine if the Veteran's cause of death was related to his service, including his service in Vietnam. The examiner is asked to provide an opinion on whether a psychiatric disorder and suicide are at least as likely as not caused by or related to service.
- Remanded (sent back)
The Board has remanded the Veteran's claim due to insufficient evidence regarding his service connection for residuals of a head injury. The case will be further developed by the RO.
- Denied
The veteran's spouse is entitled to an apportionment of the veteran's VA benefits due to his failure to provide adequate support, but there is no basis for recoupment of a portion of the benefits being apportioned.
- Remanded (sent back)
The Board has requested an expert medical opinion regarding the cause of the veteran's death and is remanding the case for further review.
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