The Board dismissed the appeals for rating a right elbow condition, compensation under 38 U.S.C. § 1151 for shoulder surgery and memory loss/mental defect, service connection for diabetes mellitus type II, and service connection for lumbar spine degenerative disease (claimed as scoliosis). The decision is due to the death of the appellant.
The deciding factor: The Board dismissed the appeals because the appellant died during the pendency of the appeal.
- Claimed conditions
- traumatic arthritis, osteochondritis, diabetes mellitus type II, lumbar spine degenerative disease (claimed as scoliosis), memory loss/mental defect
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2019
- Citation
- 19145146
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 coronary atherosclerosis, hypertension, diabetes mellitus type II, and penile cancer as there was no evidence of a medical nexus between the Veteran's conditions and his military service.
- Remanded (sent back)
The Board remands the matter to correct a pre-decisional duty-to-assist error, specifically to verify the Veteran's assertion of herbicide exposure while working on C-123 aircraft at Clark Air Base from May 1965 to November 1966.
- Denied
The Board denied service connection for multiple conditions, including rheumatoid arthritis, right hip degenerative joint disease and rheumatoid arthritis with acetabular cyst status post right total hip replacement, osteoarthritis, psoriatic arthritis, hypertension, prostate cancer, diabetes mellitus type II, fever sores, and a compromised immune system, as the evidence did not support a finding of service connection for any of these conditions.
- Granted
The Board granted earlier effective dates for the awards of service connection for various conditions associated with a stroke, including obstructive sleep apnea, depression, and diabetes mellitus type II.
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