The Veteran's appeal regarding a bilateral lung condition was dismissed due to his death during the pendency of the appeal.
The deciding factor: The Veteran died during the appeal process, and therefore the Board has no jurisdiction to adjudicate the merits of the claim.
- Claimed conditions
- bilateral lung condition
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 28, 2019
- Citation
- 19166979
Veterans Law Judge
Decisions by this judge: 2,249 · Granted: 37% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19166979.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has remanded the case due to a duty to assist error, specifically regarding clarification of whether the Veteran currently has a diagnosis of a respiratory condition related to his service.
- Dismissed
The Board dismissed the appeals for service connection of various conditions due to the untimeliness and inapplicability of the Veteran's Notice of Disagreement with regard to a May 2016 rating decision.
- Granted
The Veteran's hypertension is granted as presumptively due to herbicide exposure under the PACT Act. The Veteran's prostate cancer, elevated PSA levels, and other conditions are denied.
- Denied
The Board denied service connection for skeletal arthritis and bilateral lung condition as there is no current evidence of these conditions, despite the Veteran's assertions. The claim was not remanded due to lack of a current disability or symptoms.
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