The Board has dismissed the appeals for service connection of gout, glaucoma, and type II diabetes mellitus as well as a claim for compensation benefits under 38 U.S.C. § 1151 due to VA treatment in August 2008.
The deciding factor: The appellant died during the pendency of the appeal, thus the Board has no jurisdiction to adjudicate the merits of the appeal at this time.
- Claimed conditions
- gout, glaucoma, type II diabetes mellitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2020
- Citation
- 20073815
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claim for an increased rating in excess of 20 percent for type II diabetes mellitus to address a pre-decisional duty to assist error regarding VA not requesting private treatment records.
- Partly granted
The Board granted an initial evaluation of 20 percent for left and right ankle strains, denied a compensable evaluation for bilateral hearing loss, and remanded claims for hypertension and gout.
- Denied
The Board denied service connection for glaucoma and macular degeneration, finding that the evidence did not support a causal relationship between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for type II diabetes mellitus due to a need for an additional medical opinion.
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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.