The Veteran's appeals for higher ratings on bilateral defective hearing and left ankle injury residuals, as well as his claims for special monthly compensation based on a need for aid and attendance or due to being housebound, and eligibility for a grant for specially adapted housing or special home adaptation, have been dismissed due to the death of the appellant.
The deciding factor: The Veteran died during the pendency of the appeal, thus the Board has no jurisdiction to adjudicate the merits of the appeal at this time.
- Claimed conditions
- bilateral defective hearing, left ankle injury residuals
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2019
- Citation
- 19178846
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran withdrew his appeal on the issues of increased ratings for prostate cancer, peripheral neuropathy of the right and left lower extremities, and cephalgia. The claim for an increased evaluation for bilateral defective hearing was denied as no compensable rating could be assigned.
- Dismissed
The appeal was dismissed as the Veteran withdrew his claims for service connection for pilonidal cyst, bilateral defective hearing, low back disability, colon polyps, and sleep disturbance on a direct basis, and for a skin disorder, sarcoidosis, and aortic valvular disease, claimed as due to herbicide exposure. The claim of new and material evidence was also denied.
- Partly granted
The veteran's service-connected extrinsic asthma is rated at 30 percent, and he was granted service connection for allergic rhinitis and a chronic left wrist sprain.
- Remanded (sent back)
The appeal is remanded for the veteran to be scheduled for a videoconference hearing with the Board at the VARO.
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