The appellant withdrew their appeals of the claims for compensation under 38 U.S.C. § 1151 for kidney failure and congestive heart failure before the Board could make a decision.
The deciding factor: The appellant withdrew their appeal in writing prior to the Board's decision.
- Claimed conditions
- kidney failure, congestive heart failure
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 6, 2019
- Citation
- 19143451
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The appeal for service connection for chronic kidney disease was dismissed due to the Veteran not timely filing a Notice of Disagreement within one year of the rating decision.
- 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.
- Denied
The Board denied service connection for the cause of the Veteran's death, finding no evidence that the Veteran was exposed to herbicides during his service.
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