The Board has dismissed all pending claims due to the death of both the Veteran and his surviving spouse.
The deciding factor: Both the Veteran and his surviving spouse have died, rendering the Board without jurisdiction to adjudicate the merits of these claims.
- Claimed conditions
- diabetes mellitus, degenerative disc disease of the lumbar spine, degenerative joint disease of the right shoulder, degenerative disc disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2020
- Citation
- 20007613
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Remanded (sent back)
The Board remands the claims for service connection for right foot, left elbow, left hip, left ankle, and diabetes mellitus to obtain additional medical evidence.
- Denied
The Board denied service connection for cervical spine condition, diabetes mellitus, heart condition, lumbar spine condition, and urinary frequency and voiding condition as there was no evidence of a current diagnosis or in-service incurrence or aggravation.
- Partly granted
The Board granted service connection for asthma and remanded the claims for sinus disability, bilateral hip disability, right shoulder disability, hypertension, sleep apnea, diabetes mellitus, skin disability, back disability, bilateral neurological disability of the upper extremities, and bilateral neurological disability of the lower extremities.
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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.