The Board has dismissed the appeal regarding right lower extremity hemiplegia due to lack of adjudication before death. Lung cancer, brain tumor/cancer, left upper and lower extremity hemiplegia, and seizure disorder are now service connected.
The deciding factor: The Veteran did not submit a claim for right lower extremity hemiplegia before his death in August 2011.
- Claimed conditions
- right lower extremity hemiplegia, lung cancer, cancer in the brain, left lower extremity hemiplegia, left upper extremity hemiplegia, seizure disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 14, 2023
- Citation
- 23009420
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 23009420.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for kidney cancer and lung cancer due to a lack of adequate medical opinion regarding the etiology of his kidney cancer, which is presumed to be related to herbicide exposure. The claim for lung cancer is inextricably intertwined with the kidney cancer claim.
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