The Veteran's appeals for increased disability rating and service connection have been dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he passed away before a decision could be made.
The deciding factor: The Veteran died during the pendency of the appeal, making it impossible to make a decision on the merits.
- Claimed conditions
- inactive pulmonary tuberculosis, restrictive lung disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 17, 2019
- Citation
- 19138308
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19138308.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 the Veteran's claim for an increased initial evaluation for obstructive sleep apnea, finding that a higher rating was not warranted.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 10 percent for service-connected restrictive lung disease to correct a duty-to-assist error.
- Dismissed
The appeal for issues related to eczema, IBS, headaches, liver disability, enlarged prostate and urinary frequency, allergic rhinitis, and restrictive lung disease were dismissed. The claim for a rating in excess of 10 percent for allergic rhinitis was denied.
- Remanded (sent back)
The Board remands the claim for service connection for restrictive lung disease due to conflicting medical evidence and a need for additional testing.
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