The Veteran's claims for service connection for ischemic heart disease and diabetes mellitus, Type II due to herbicide exposure have been dismissed because the Veteran has died.
The deciding factor: The Veteran died during the pendency of the appeal, thus the Board lacks jurisdiction to adjudicate the merits of the claim.
- Claimed conditions
- ischemic heart disease, diabetes mellitus, Type II
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 2, 2019
- Citation
- 19100105
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board grants service connection for tinnitus, finding that the Veteran's tinnitus began during his period of active duty service. The claims for ischemic heart disease, aortic valve replacement, status post aortic stenosis, and peripheral vascular disease with popliteal aneurysm are remanded.
- Remanded (sent back)
The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Remanded (sent back)
The Board remands the claims for service connection for right foot, left elbow, left hip, left ankle, and diabetes mellitus to obtain additional medical evidence.
- Remanded (sent back)
The Board remands the case to obtain a new medical opinion regarding the Veteran's ischemic heart disease, as the previous opinions were found inadequate.
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