The Board dismissed all appeals as the appellant died during the pendency of the appeal.
The deciding factor: Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of this appeal at this time.
- Claimed conditions
- vagotomy with peptic ulcer disease, hiatal hernia, gastroesophageal reflux disease, right scapular chip fracture with right shoulder strain, post-operative pilonidal cyst, post-operative ventral hernia, post-operative vagotomy scar, chronic fatigue syndrome (CFS), chronic obstructive pulmonary disease (COPD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2020
- Citation
- 20000732
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Partly granted
The Board denied service connection for chronic fatigue syndrome and denied higher ratings for sinusitis, allergic rhinitis, and lumbosacral strain. However, the Board granted initial 20 percent ratings for left lower extremity radiculopathy, femoral nerve, and sciatic nerve.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
- Remanded (sent back)
The Board remands the claim for a respiratory disability to obtain an adequate VA examination and additional evidence regarding the Veteran's exposure to herbicide agents during service.
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