The Veteran's appeal for an effective date prior to December 29, 2015 for the grant of service connection for esophageal cancer has been dismissed due to his death.
The deciding factor: The appellant died during the pendency of the appeal and therefore the Board has no jurisdiction to adjudicate the merits of this appeal at this time.
- Claimed conditions
- esophageal cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2020
- Citation
- 20007976
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claim for service connection for the Veteran's cause of death to correct predecisional duty to assist errors, including obtaining additional records and a medical nexus opinion.
- Granted
The Veteran's esophageal cancer is granted service connection due to herbicide exposure during his service in the Republic of Vietnam.
- Partly granted
The Board denied service connection for gastrointestinal cancer other than esophageal cancer and stomach cancer, brain cancer, and prostate cancer. The issues of entitlement to service connection for esophageal cancer, metastatic esophageal cancer, lung cancer, stomach cancer, and liver cancer were remanded.
- Remanded (sent back)
The Board remands the matter for a new medical opinion to address the etiology of the Veteran's esophageal cancer, considering his in-service herbicide agent exposure and service-connected posttraumatic stress disorder.
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.