The Veteran's appeal regarding the reduction of his pleural plaques rating from 60% to 0% (noncompensable) has been dismissed due to his death.
The deciding factor: The Veteran died while the appeal was pending, and therefore the Board does not have jurisdiction to adjudicate the merits of the appeal.
- Claimed conditions
- pleural plaques
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2019
- Citation
- 19125859
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remands the Veteran's claim for service connection for a respiratory disorder, to include pulmonary hypertension, asbestosis, pleural plaques, and obstructive and restrictive lung diseases, due to inadequate VA examination and opinion.
- Remanded (sent back)
The Board remands the matter for a new VA examination to determine the current severity of the Veteran's respiratory disability, including pleural plaques and COPD.
- Dismissed
The appeal was dismissed because the veteran passed away during the pendency of the appeal. The Board does not have jurisdiction to adjudicate the merits of this appeal at this time.
- Remanded (sent back)
The Board remands the case for a new VA examination to ensure compliance with prior directives and to evaluate the current severity of the Veteran's respiratory disability.
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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.