The Veteran's appeals for increased ratings and a total disability rating based on individual unemployability have been dismissed due to his death. The Board has no jurisdiction to adjudicate these claims as the Veteran died during their pendency.
The deciding factor: The Veteran died before the Board could make a decision on his appeals, thus the Board lacks jurisdiction over the matter.
- Claimed conditions
- diabetes mellitus type II (DM II), left lower extremity neuropathy of the femoral nerve, associated with DM II, right lower extremity neuropathy of the femoral nerve, associated with DM II, left lower extremity neuropathy of the sciatic nerve, associated with DM II, right lower extremity neuropathy of the sciatic nerve, associated with DM II
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2023
- Citation
- A23028512
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 A23028512.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has granted service connection for prostate cancer, coronary artery disease (CAD), diabetes mellitus type II (DM II), hypertension, and erectile dysfunction as secondary to service-connected DM II. The Veteran's exposure to Agent Orange during active service is presumed.
- Dismissed
The Veteran's appeals for service connection were dismissed due to procedural defects in the submission of the VA Form 10182, which was not an accepted format for appeal in the modernized review system.
- Granted
The Veteran's claims for service connection for various conditions have been granted. The claim for secondary service connection for hypertension is remanded.
- Remanded (sent back)
The Board has granted service connection for hypertension. The claims for DM II, sleep apnea, and ED are remanded due to insufficient evidence.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.