The Veteran's claim for service connection for Lewy Body dementia, secondary to herbicide agent exposure (burn pit), has been dismissed due to the death of the Veteran.
The deciding factor: The Veteran died during the pendency of his appeal and thus the Board does not have jurisdiction to adjudicate the merits of this case.
- Claimed conditions
- Lewy Body dementia
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- June 6, 2019
- Citation
- 19143764
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the appeal to obtain an additional medical opinion regarding whether the Veteran's diabetes mellitus, type II is related to in-service asbestos exposure.
- Denied
The Board has denied the Veteran's claims for service connection for amnestic cognitive impairment, finding that there is no direct or secondary service connection based on evidence in the record. The claim was also not considered under a presumption of herbicide exposure due to lack of such diseases listed.
- Partly granted
The Board has denied service connection for Lewy Body dementia due to lack of a causal relationship with service or exposure, but remanded the issue of service connection for sleep disorder as new evidence was submitted. The Veteran's claim for sleep disorder is pending and will be reviewed again.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
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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.