The Board has dismissed all claims related to service connection and rating increases for various conditions, as the Veteran died during the appeal process.
The deciding factor: The Veteran's death during the pendency of the appeal means the Board lacks jurisdiction to adjudicate the merits of these claims.
- Claimed conditions
- hypertension, ischemic heart disease, nephropathy, type II diabetes mellitus, left lower extremity neuropathy, right lower extremity neuropathy, Osgood-Schlatter disease of the left knee, left knee arthritis, left eye cataract with retinopathy, vitreous hemorrhage and retinal detachment, erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2019
- Citation
- 19107457
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.