The Veteran's appeal for a compensable rating for head injury residuals, including migraines with vision impairment, has been dismissed due to the death of the appellant.
The deciding factor: The Veteran died during the pendency of the appeal and thus the Board had no jurisdiction to adjudicate the merits of the claim.
- Claimed conditions
- head injury residuals, to include migraines with vision impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2020
- Citation
- 20066188
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for tinnitus and denied it for sinusitis. Other claims were remanded for further development.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral hearing loss, prostate cancer, head injury residuals, a back disorder, a neck disorder, a left hip disorder, and a right hip disorder to correct duty to assist errors.
- Remanded (sent back)
The Board denied an earlier effective date and initial rating for tinnitus, and remanded several service connection claims due to the need for additional evidence.
- Granted
The Veteran was granted a 50 percent rating for head injury residuals and a TDIU from September 1, 2012.
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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.