The Board dismissed the appeal due to the appellant's death, and no compensation under 38 U.S.C. 1151 for a right hand condition is granted.
The deciding factor: The appellant died during the pendency of the appeal, making it impossible for the Board to adjudicate the merits of the case.
- Claimed conditions
- right hand condition
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2020
- Citation
- 20070683
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 right and left leg conditions, as well as right and left hand conditions, to schedule VA examinations.
- Remanded (sent back)
The Board remands the claims for service connection for left and right hand conditions to correct a duty to assist error.
- Partly granted
The Board granted service connection for several conditions, including OSA, cervical spine condition, left shoulder condition, right shoulder condition, and others, but dismissed appeals for obesity, TMJ, insomnia, left elbow, and right elbow. The Board also denied an earlier effective date for a 70% rating for acquired psychiatric disorder.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions as a pre-decisional duty to assist error was found, specifically regarding notice and examination.
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