The Veteran's claim for service connection for tonsillar cancer has been dismissed due to the death of the Veteran during the appeal process.
The deciding factor: The Veteran died during the pendency of the appeal, and therefore the Board does not have jurisdiction to adjudicate the merits of the case.
- Claimed conditions
- tonsillar cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 21, 2019
- Citation
- 19148309
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
Service connection for the cause of the Veteran's death is granted due to his service-connected tonsillar cancer being identified as the immediate cause of death.
- Denied
The Board denied the Veteran's claim for service connection for tonsillar cancer, finding that there was no evidence linking his current condition to his military service or exposure to contaminated water at Camp Lejeune. The Board concluded that the Veteran's disability did not manifest during service and that it is less likely than not related to his presumed exposure to contaminated water.
- Remanded (sent back)
The Board has remanded the case for further development due to an inadequate VA medical opinion. The Veteran's tonsillar cancer is being reviewed again with a new examination and opinion.
- Granted
The Board has reopened the claim and granted service connection for the cause of the veteran's death, attributing it to his exposure to Agent Orange while in Vietnam.
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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.