The Veteran's appeal was dismissed due to his death, and the appellant is not eligible for substitution as he did not file a valid claim or request for higher level review at the time of his death.
The deciding factor: The Veteran died during the pendency of his appeals, which resulted in loss of jurisdiction over the case.
- Claimed conditions
- ischemic heart disease, diabetes mellitus type II, peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2022
- Citation
- 22071567
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 22071567.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Board denied the Veteran's claim for service connection for a heart condition, including ischemic heart disease. The evidence did not support a finding of a current disability related to service.
- Granted
The Veteran's ischemic heart disease is granted as presumptively related to his service in the Gulf War, specifically aboard the USS Chanticleer and USS Mataco.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
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