The Veteran's appeal has been dismissed due to his death, and no jurisdiction remains for the merits of the claims.
The deciding factor: The Veteran died during the pendency of the appeal, thus the Board lacks jurisdiction over the merits of the case.
- Claimed conditions
- Post-Traumatic Stress Disorder, Pulmonary Fibrosis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2019
- Citation
- 19106362
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for congestive heart failure, pulmonary hypertension, and pulmonary fibrosis as these conditions were not related to the Veteran's service, including his exposure to Agent Orange.
- Denied
The Board denied a disability rating in excess of 50 percent prior to October 28, 2014, and in excess of 70 percent from October 28, 2014, to September 11, 2019, for the Veteran's major depressive disorder with eating disorder and PTSD.
- Granted
The Veteran's service-connected obstructive sleep apnea, chronic obstructive pulmonary disease (COPD), and pulmonary fibrosis were rated at 50 percent effective September 3, 2020. The Veteran was also granted a total disability rating based on individual unemployability (TDIU) and eligibility for Dependents' Education Assistance (DEA) benefits from the same date.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his combined rating did not meet the schedular criteria and that he was capable of obtaining and maintaining substantially gainful employment.
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