The Veteran's appeal for service connection and increased ratings has been dismissed due to his death.
The deciding factor: The Veteran died during the pendency of his appeal, thus the Board does not have jurisdiction to adjudicate the merits of the claims.
- Claimed conditions
- bilateral hearing loss, right hip limitation of extension prior to September 22, 2014, right hip limitation of flexion prior to September 22, 2014, right hip limitation of abduction, adduction and rotation prior to September 22, 2014, left knee arthritis prior to September 22, 2014, right knee arthritis prior to September 22, 2014, lumbar spine disability prior to September 22, 2014, erectile dysfunction, prostatectomy status post adenocarcinoma of the prostate with residual voiding dysfunction (prostate disability) prior to September 22, 2014
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2020
- Citation
- 20075042
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- 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).
- Remanded (sent back)
The Board remands the claim for service connection for erectile dysfunction due to an inadequate VA opinion regarding its etiology.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
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