The appeal is dismissed due to the Veteran's death during its pendency.
The deciding factor: The claimant's death rendered the appeal moot, as claims do not survive a Veteran's passing according to legal precedent.
- Claimed conditions
- liver disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2021
- Citation
- 21061864
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted a 70 percent rating for PTSD and an initial 10 percent rating for a headache disability, while denying ratings in excess of 40 percent for a low back disability and any compensable rating for allergic rhinitis. Service connection was granted for tinnitus and bilateral foot disabilities but denied for other conditions.
- Dismissed
The appeal for issues related to eczema, IBS, headaches, liver disability, enlarged prostate and urinary frequency, allergic rhinitis, and restrictive lung disease were dismissed. The claim for a rating in excess of 10 percent for allergic rhinitis was denied.
- Partly granted
The Board granted service connection for tinnitus, but denied service connection for the other conditions listed.
- Partly granted
The Board denied earlier effective dates for nephrolithiasis and onychomycosis, dismissed an appeal seeking an earlier effective date for excision of cyst from the scalp, granted a 10 percent rating for excision of cyst from the scalp, and remanded entitlement to service connection for a liver disability.
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