The Board has dismissed the appeals for a compensable rating for service-connected residual scars of the arms and back, as well as service connection for breathing difficulty due to the death of the appellant.
The deciding factor: The appellant died during the pendency of the appeal, thus the Board lacks jurisdiction to adjudicate the merits of these claims.
- Claimed conditions
- residual scars of the arms, breathing difficulty
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2019
- Citation
- 19167430
Veterans Law Judge
Decisions by this judge: 2,456 · Granted: 23% (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 19167430.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
The Veteran's claim for service connection for rhinitis has been granted due to the submission of new and relevant evidence. The Board also remanded the issue of service connection for breathing difficulty, as VA treatment records were not obtained in a timely manner.
- Denied
The Board denied the Veteran's claim for service connection for breathing difficulty and lightheadedness or dizziness, finding no objective indications of a qualifying chronic disability.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to his military service, including service in Southwest Asia.
- Remanded (sent back)
The Veteran's tinnitus is granted as service connected. The Board finds the Veteran's left and right hand conditions, including loss of muscular strength and nerve conditions, are remanded for further examination to determine if they are related to in-service herbicide agent exposure. The breathing difficulty claim is also remanded.
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