The Veteran's appeal for reopening a previously denied claim for myotonic dystrophy, Type II, to include as secondary to service-connected coronary artery disease has been dismissed due to the death of the Veteran.
The deciding factor: The Veteran died during the pendency of the appeal and thus the Board does not have jurisdiction to adjudicate the merits of this appeal.
- Claimed conditions
- myotonic dystrophy, Type II
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2020
- Citation
- 20068661
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeal was dismissed due to the veteran's death.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted service connection for anxiety but denied it for sleep apnea, finding that the Veteran's sleep apnea was less likely than not related to his active service or service-connected acquired psychiatric condition.
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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.