The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.
The deciding factor: The Veteran died while his appeal was pending before the Court, and thus the Board does not have jurisdiction over the claims.
- Claimed conditions
- left humeral head necrosis with a failed fusion associated with left hemidiaphragm paralysis and left phrenic nerve injury and a left rib removal, left hemidiaphragm paralysis and left phrenic nerve injury and a left rib removal, thoracic outlet syndrome of the left upper extremity, right inguinal hernia, scar from a medial sternotomy incision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 10, 2013
- Citation
- 1322045
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 1322045.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 determined that additional evidence is needed to address the Veteran's claims for service connection for gastrointestinal disability, right inguinal hernia, hiatal hernia, and bilateral hearing loss. The claims are being remanded for further development.
- Partly granted
The Board denied an initial compensable rating for the service-connected scar, status post right inguinal hernia repair, and a higher than 10 percent rating for the painful scar. The right inguinal hernia was remanded for further evaluation.
- Denied
The Board denied the veteran's claims for a compensable disability rating for a right inguinal hernia and residuals thereof, as well as for surgical abdominal scars (as a residual of surgery to repair right inguinal hernia), based on the evidence not supporting a more severe condition than noncompensable.
- Remanded (sent back)
The Board remands the claims for service connection for right eye glaucoma and right inguinal hernia as additional development is needed to address the Veteran's theories of entitlement.
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