The Veteran's claim for an initial compensable disability rating for postoperative scar on right intercostal area as secondary to mesothelioma has been dismissed due to the Veteran's death.
The deciding factor: The Veteran died during the pendency of this appeal, and therefore the appeal must be dismissed for lack of jurisdiction.
- Claimed conditions
- postoperative scar on right intercostal area, mesothelioma
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2022
- Citation
- A22022485
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 A22022485.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's mesothelioma was rated at a noncompensable level from November 21, 2019 to December 26, 2020. The Board has now granted a 30 percent rating for this period.
- Dismissed
The Board has dismissed the appeals regarding various conditions, including hypertension and sleep apnea. The Veteran's appeal for service connection on all other issues is also dismissed.
- Remanded (sent back)
The Board has remanded the case due to duty-to-assist errors and insufficient opinions regarding the etiology of the Veteran's COPD and shortness of breath. The VA is required to obtain and associate outstanding treatment records, and provide a new medical opinion on the etiology of the respiratory condition.
- Denied
The Board denied the Veteran's claim for service connection for lung condition, to include asthma, COPD, emphysema, asbestosis, and mesothelioma.
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