The Veteran's appeal for service connection for ischemic heart disease, including congestive heart failure and valvular heart disease, based on herbicide exposure is dismissed due to the death of the Veteran.
The deciding factor: The Veteran died during the pendency of the appeal, thus the Board has no jurisdiction to adjudicate the merits of the claim.
- Claimed conditions
- ischemic heart disease, congestive heart failure, valvular heart disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- April 30, 2019
- Citation
- 19133719
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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.
- Partly granted
The Board grants service connection for tinnitus, finding that the Veteran's tinnitus began during his period of active duty service. The claims for ischemic heart disease, aortic valve replacement, status post aortic stenosis, and peripheral vascular disease with popliteal aneurysm are remanded.
- Granted
The Veteran is granted a 100 percent rating for valvular heart disease based on MET testing showing that at a workload of 3 METs or less, the condition results in fatigue and breathlessness.
- Remanded (sent back)
The Board remands the claim for a heart condition to obtain an addendum opinion from a VA clinician regarding whether the Veteran's current heart condition is related to service, including in-service treatment for hypertension.
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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.