The Board has dismissed the appeals for earlier effective dates and increased evaluations of service connection claims due to the appellant's death.
The deciding factor: The appellant died during the pendency of the appeal, thus the Board lacks jurisdiction to adjudicate the merits of these claims.
- Claimed conditions
- depressive disorder with anxious distress, femoral nerve radiculopathy, right lower extremity, femoral nerve radiculopathy, left lower extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2021
- Citation
- 21004096
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21004096.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has determined that new and relevant evidence has been received for the claim of service connection for headaches. The Veteran's supplemental claim is being remanded to allow for a VA examination and an updated opinion regarding the relationship between his headaches and his service-connected depressive disorder with anxious distress.
- Dismissed
The Veteran's appeals for the proposed reduction of facial scars, an increased rating for tinnitus, and service connection for migraines have been dismissed due to untimely filings or lack of good cause.
- Granted
The Board has granted the Veteran's claim for service connection for a psychiatric disability, including unspecified depressive disorder and depressive disorder with anxious distress, as secondary to his service-connected tinnitus. The decision finds that the Veteran's sleeplessness due to constant ringing in his ears caused his depression.
- Remanded (sent back)
The Board has decided to remand the claims for an initial disability rating in excess of 30 percent for depressive disorder with anxious distress and for a total disability rating based on individual unemployability (TDIU) due to pre-decisional duty to assist errors. The appellant's community care records from July 2024 need to be obtained and associated with the claims file.
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