The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.
The deciding factor: The Veteran died during the pendency of the appeal, making it impossible for the Board to make a decision on the merits.
- Claimed conditions
- renal calculus, head trauma, residuals of head trauma (including headaches and vertigo), bronchial asthma, cervical degenerative disc disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 5, 2019
- Citation
- 19168337
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 19168337.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's service-connected bronchial asthma does not preclude him from maintaining substantial gainful employment.
- Dismissed
The Veteran's appeal for an increased rating for obstructive sleep apnea and TDIU is dismissed as the issues are already pending in the legacy system, and docketing of the January 2022 NOD was erroneous.
- Granted
The Board has granted effective dates of November 6, 2020 for both the TDIU and DEA benefits. The Veteran had no service-connected disabilities prior to this date.
- Remanded (sent back)
The Board has decided that the Veteran's COPD is a separate and distinct condition from his service-connected bronchial asthma, but it is not secondary to or aggravated by his service-connected bronchial asthma. The Board finds an addendum VA medical opinion necessary to properly determine entitlement to service connection.
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