The appeal was dismissed due to the Veteran's death.
The deciding factor: The appellant's claims do not survive their deaths, and there is no jurisdiction for the Board to adjudicate the merits of the appeal.
- Claimed conditions
- traumatic brain injury (TBI), right shoulder rotator cuff tear, left shoulder, rotator cuff tear status post repair, right upper extremity carpal tunnel syndrome (CTS), left upper extremity CTS, glaucoma, hypertension (HTN), back injury, large scar
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001588
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Dismissed
The veteran's appeal requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
- Dismissed
The appeal concerning the service connection for various conditions and the propriety of a rating reduction has been withdrawn by the Appellant.
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