The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.
The deciding factor: The Veteran died during the pendency of the appeal, making it impossible for the Board to make a decision on the merits.
- Claimed conditions
- respiratory disability, gastrointestinal disability, skin condition
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2020
- Citation
- 20072296
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied service connection for gastrointestinal disability and denied earlier effective dates for the awards of service connection for allergic rhinitis, migraine headaches, PTSD, and tinnitus. The Board also denied increased ratings for allergic rhinitis and tinnitus and remanded claims for service connection for right elbow disability.
- Denied
The Board denied service connection for a skin condition, finding that the evidence does not support a link between the Veteran's current skin conditions and his military service.
- Dismissed
The Board dismissed the veteran's appeals for service connection for major depressive disorder, tinnitus, sleep apnea, and a gastrointestinal disability due to untimeliness of the VA Form 10182. The appeal for service connection for sarcoidosis was denied based on the lack of evidence supporting a current disability.
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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.