The Veteran's claims for service connection for chronic obstructive pulmonary disease and a bilateral leg disorder have been dismissed due to the death of the appellant during the appeal process.
The deciding factor: The appellant died in January 2023, which resulted in the Board having no jurisdiction to adjudicate the merits of the appeal.
- Claimed conditions
- chronic obstructive pulmonary disease, bilateral leg disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 3, 2023
- Citation
- 23025432
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 23025432.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 an initial disability rating of 50 percent for major depressive disorder is granted. The claim for service connection for a bilateral leg disorder is denied.
- Denied
The Board denied the claim for TDIU prior to October 18, 2018 due to a lack of evidence showing that the Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation.
- Granted
The Veteran's emphysema, chronic obstructive pulmonary disease and other spontaneous pneumothorax status post thoracotomy is rated as 100% disabling since February 28, 2024. His major depressive disorder is separately rated at 70%. The Board finds that the Veteran meets the criteria for special monthly compensation under 38 U.S.C. § 1114(s) due to his service-connected disabilities.
- Remanded (sent back)
The Board has denied the appellant's claims for service connection for various joint and musculoskeletal disorders, including bilateral hip and knee joint disorder, bilateral foot disorder, bilateral leg disorder, low back disorder, and neck disorder. The appeal is being remanded to obtain a new VA examination for tinnitus.
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