The Veteran's appeal was dismissed due to his death, and the issues are referred back to the Agency of Original Jurisdiction (AOJ). The Veteran had multiple claims pending on appeal including service connection for various conditions.
The deciding factor: The Veteran died during the pendency of his appeals, thus the Board has no jurisdiction to adjudicate the merits of the appeal.
- Claimed conditions
- bladder cancer, peripheral neuropathy of the lower extremities, peripheral neuropathy of the upper extremities, hypertension, left medial thigh scar, chest scar extending inferior to the hypogastric area, right hip scar, right testicular removal scar, limited extension of the left hip, limitation of abduction and adduction of the left hip, rating in excess of 10 percent for limited flexion of the left hip, restrictive lung disease, CAD, TDIU prior to May 2, 2016, dependents’ educational assistance prior to May 2, 2016
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2018
- Citation
- 18154939
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 18154939.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
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