Dismissed
The appeal of the denial of service connection for the cause of the Veteran’s death is dismissed because no timely Notice of Disagreement (NOD) was filed. The claim for DIC under 38 U.S.C. § 1318 is also denied as the Veteran did not meet the criteria for total disability due to a service-connected condition.
The deciding factor: No NOD was submitted regarding the denial of service connection for cause of death, and the Appellant did not meet the statutory criteria for DIC under 38 U.S.C. § 1318.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 12, 2019
- Citation
- 19128772
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.