The Board has dismissed all claims of service connection for various cancers and a heart disorder due to herbicide exposure, as the Veteran died during the appeal process.
The deciding factor: The Veteran's death during the appeal process means that the Board lacks jurisdiction to adjudicate the merits of his claims.
- Claimed conditions
- heart disorder, lung cancer, prostate cancer, skin cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19186014
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Remanded (sent back)
The Veteran is granted an effective date of April 25, 2014, for service connection for prostate cancer.
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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.