The Veteran's appeals for service connection for emphysema and heart disability were dismissed due to the death of the Veteran.
The deciding factor: The appeal was dismissed because the Veteran died during the pendency of the appeal.
- Claimed conditions
- emphysema, heart disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19185401
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board denied service connection for a heart disability as the evidence did not support that it began during active service or was related to an in-service injury.
- Remanded (sent back)
The Board remands the claim for an initial rating higher than 30 percent for the service-connected heart disability to correct an error by the AOJ in not informing the Veteran of his right to a pre-decisional hearing.
- Partly granted
The Board denied service connection for Parkinson's disease, emphysema, muscle cramps, bilateral shoulder disability, and neck disability. However, it granted service connection for peripheral vascular disease and asthma.
- Denied
The Board denied service connection for COPD, emphysema, a chest wall condition, PTSD, adjustment disorder with mixed anxiety and depressed mood, chronic, a low back condition, TBI, and a chest tumor.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.