The Veteran's appeal for an initial disability rating in excess of 10 percent for traumatic brain injury is dismissed due to the death of the Veteran.
The deciding factor: The Veteran died during the pendency of the appeal, and as a matter of law, appellants' claims do not survive their deaths.
- Claimed conditions
- Traumatic Brain Injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 15, 2019
- Citation
- 19163388
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 19163388.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claims for a higher rating for PTSD and service connection for irritable bowel syndrome, migraine headaches, and traumatic brain injury.
- Granted
The Veteran's service-connected traumatic brain injury, bilateral knee disabilities, and sinus disability prevented him from obtaining or retaining substantially gainful employment during the period on appeal prior to January 26, 2009.
- Denied
The Board denied the Veteran's claim for revision of the October 2016 rating decision that awarded a 10 percent rating for traumatic brain injury on the basis of Clear and Unmistakable Error (CUE).
- Denied
The Board denied an increased rating in excess of 70 percent for the service-connected PTSD with TBI from August 24, 2020.
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