The Veteran's appeal was dismissed due to the death of the appellant, and no service connection is granted for post-surgery residuals of pulmonary tuberculosis.
The deciding factor: The appellant died during the pendency of the appeal, making it impossible to adjudicate the merits of the case.
- Claimed conditions
- post-surgery residuals of pulmonary tuberculosis, status post right lower lobectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2019
- Citation
- 19104606
Veterans Law Judge
Decisions by this judge: 1,104 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19104606.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 ratings for a surgical scar and status post right lower lobectomy were restored to their previous levels effective May 1, 2023.
- Remanded (sent back)
The Board is remanding the case for additional development, including obtaining outstanding medical records and providing a new VA medical opinion to determine if the Veteran's primary or contributory causes of death were due to service-connected disabilities.
- Remanded (sent back)
The Veteran's lung disorder is being remanded for a VA examination to determine if it is related to his in-service asbestos exposure and smoking history.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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