The Board has dismissed all claims of service connection due to the Veteran's death during the appeal process.
The deciding factor: The Veteran died during the pendency of his appeals, thus the Board lacks jurisdiction to adjudicate the merits of these claims.
- Claimed conditions
- right plantar fasciitis, left shoulder disability, right shoulder disability, upper back and lower back disability, left knee disability, right knee disability, left achilles tendon/left ankle disability, right ankle disability, upper left leg muscle tear, bilateral ear infections, sinusitis, respiratory disability (including asthma, parenchymal lung disease, bronchitis and pneumonia), gastrointestinal disability (including stomach ulcer), hematuria, prostate disability (including prostate cancer), lipoma of the right side of the abdomen, residuals of plantar warts, paresthesia/neuropathy of the left lower extremity, paresthesia/neuropathy of the right lower extremity, seizure disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2019
- Citation
- 19131945
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted higher ratings for the Veteran's service-connected carpal tunnel syndrome and cubital tunnel syndrome of both upper extremities, but remanded claims for service connection for sinusitis, calcified lymph nodes on the lungs, and cervical strain.
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