The Board dismissed the appeals for service connection for various conditions claimed as resulting from exposure to ionizing radiation due to the death of the appellant.
The deciding factor: The appeal was dismissed because the appellant died during the pendency of the appeal, and thus the Board has no jurisdiction to adjudicate the merits of the claims.
- Claimed conditions
- loss of muscle mass, degenerative joint disease of the lumbar spine, blood disorder to include anemia, respiratory disorder to include emphysema and chronic obstructive disorder (COPD), gastrointestinal disorder to include dysphagia and gastroesophageal reflex disorder, acquired psychiatric disorder to include posttraumatic stress disorder (PTSD) and major neurocognitive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2020
- Citation
- 20003428
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 degenerative joint disease of the lumbar spine, finding that the evidence did not support a causal relationship between the Veteran's current disability and his active military service.
- Denied
The Board denied service connection for hypertension, an increased rating for a stroke and stroke residuals, and an increased rating for degenerative joint disease of the lumbar spine.
- Partly granted
The Board granted an initial rating of 40 percent for degenerative joint disease of the lumbar spine from February 20, 2013 to January 22, 2020, exclusive of a convalescence period. The other claims were denied.
- Denied
The Board denied the Veteran's claim for a total disability evaluation based on individual unemployability (TDIU) prior to October 20, 2019, as the evidence did not show that his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.