The Board dismissed the appeals for service connection for skin cancer due to ionizing radiation and entitlement to a total disability rating based on individual unemployability as they are no longer relevant since the appellant died.
The deciding factor: The appeal was dismissed due to the death of the appellant, which means the Board has no jurisdiction to adjudicate the merits of these appeals at this time.
- Claimed conditions
- skin cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2020
- Citation
- 20081645
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The appeal for service connection for skin cancer was dismissed due to untimeliness, while the claim for squamous cell carcinoma was granted.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the claims.
- Partly granted
Service connection for prostate cancer on an accrued basis was granted based on the benefit-of-the-doubt doctrine, finding competent and credible evidence at least approximately balanced between service-connected prostatitis and prostate cancer. Service connection was denied for stomach cancer, colon cancer, skin cancer, the Veteran's cause of death, and dependency indemnity compensation benefits.
- Denied
The Board denied service connection for skin cancer, including as due to participation in toxic exposure risk activity (TERA), finding no evidence of the disease during service or within a year after separation and noting that the earliest diagnosis was nearly 25 years post-service.
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