The Board dismissed the appeals for Type II diabetes mellitus and total disability rating based on individual unemployability due to the Veteran's death.
The deciding factor: The appeal was dismissed because the Veteran died during the pendency of the appeal, giving the Board no jurisdiction to adjudicate the merits of these claims.
- Claimed conditions
- Type II diabetes mellitus, Total disability rating based on individual unemployability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2019
- Citation
- 19178540
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted service connection for Type II diabetes mellitus, finding that it is secondary to the Veteran's service-connected unspecified depressive disorder.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that Type II diabetes mellitus and hypertension, which are presumed to have resulted from herbicide exposure during service, contributed substantially to his demise.
- Remanded (sent back)
The Board remands the claim for an adequate medical opinion regarding the Veteran's in-service toxic exposure risk activities, including jet fuel and other fuels, to determine if they contributed to his cause of death.
- Denied
The Board denied the veteran's claims for service connection for Type II diabetes mellitus and unstable angina and/or coronary artery disease, finding that there was no credible evidence to support a link between these conditions and his military service.
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