The Veteran's appeal for service connection for bilateral restless leg syndrome was dismissed due to his death before a decision could be made.
The deciding factor: The appellant died during the pendency of the appeal, and therefore the Board has no jurisdiction to adjudicate the merits of the appeal.
- Claimed conditions
- bilateral restless leg syndrome
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2020
- Citation
- 20080843
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 a higher rating of left and right lower extremity sciatic nerve radiculopathy and a separate rating for bilateral restless leg syndrome due to inadequate VA examinations.
- Partly granted
The Board denied service connection for bilateral tinnitus, chronic fatigue syndrome, bilateral restless leg syndrome, sleep apnea, tremors of the hands-bilateral, left knee condition, right knee condition, and a compensable rating for bilateral hearing loss. However, it granted service connection for chronic headaches.
- Partly granted
The Board granted service connection for a back disability and bilateral lower extremity radiculopathy, but denied service connection for chronic fatigue syndrome, chronic sinusitis, bilateral hand tremors, and bilateral restless leg syndrome. The Board also granted an increased rating of 50 percent for obstructive sleep apnea.
- Denied
The Board denied service connection for bilateral athletes' foot, onychomycosis and tinea nigra, a skin condition other than onychomycosis, bilateral hearing loss, bilateral plantar fasciitis, bilateral restless leg syndrome, breathing issues, left knee pain, lumbar spine disability, migraines, an acquired psychiatric disorder claimed as PTSD with anxiety and insomnia (also claimed as sleep disturbances), and tinnitus.
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