The Veteran's appeal is dismissed due to his death, and no compensation under 38 U.S.C. § 1151 for blindness, cerebral vascular accident, and stomach damage resulting from a VA ventral hernia repair surgery is granted.
The deciding factor: The Veteran died during the pendency of the appeal, thus the Board has no jurisdiction to adjudicate his claims.
- Claimed conditions
- blindness, cerebral vascular accident, stomach damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2021
- Citation
- 21065591
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 21065591.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or special home adaptation, as they do not qualify for permanent and total disability due to loss of use of extremities or anatomical regions.
- Dismissed
The appeal is dismissed as moot because the Veteran's past due benefits were already awarded and no fees were withheld or paid, so there are no remaining disputes to be adjudicated.
- Denied
The Board denied the veteran's claims for service connection for AVM, blindness (secondary to AVM), and tinnitus due to a lack of evidence showing these conditions occurred during active duty for training.
- Remanded (sent back)
The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional VA treatment records, including those from the Miami VAMC and scanned into VistA.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.