The Veteran's appeal has been dismissed due to his death, and the Board does not have jurisdiction to adjudicate the merits of these claims.
The deciding factor: The Veteran died during the pendency of his appeal, thus the Board lacks jurisdiction to proceed with the decision on the merits.
- Claimed conditions
- diabetic nephropathy with hypertension associated with Type II Diabetes Mellitus, diabetic peripheral neuropathy of the right upper extremity, diabetic peripheral neuropathy of the left upper extremity, diabetic peripheral neuropathy of the right lower extremity, diabetic peripheral neuropathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2013
- Citation
- 1330272
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 1330272.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection claims for DMII, bilateral lower extremity diabetic peripheral neuropathy, and bowel resection are granted. The claim for OSA is denied.
- Granted
The Veteran's PTSD was granted a 100% disability rating effective June 8, 2020. The appeal for earlier effective dates for the service-connected disabilities is denied.
- Granted
The Veteran's diabetes mellitus type II has been granted an increased rating of 40 percent, but no higher, for diabetic peripheral neuropathy affecting the left lower extremity.,The Veteran's diabetes mellitus type II has also been granted an increased rating of 40 percent, but no higher, for diabetic peripheral neuropathy affecting the right lower extremity.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for special home adaptation as defined by VA regulations.
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