The Board has dismissed the claims for service connection for residuals of traumatic brain injury and epilepsy, as the appellant died during the appeal process.
The deciding factor: The appellant died during the pendency of the appeal, thus the Board lacks jurisdiction to adjudicate the merits of the case.
- Claimed conditions
- residuals of traumatic brain injury (TBI), epilepsy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2023
- Citation
- A23029037
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 A23029037.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the veteran's claims for increased ratings for residuals of traumatic brain injury and migraine headaches due to the Veteran not reporting for scheduled VA examinations, which were deemed necessary to assess the severity of these disabilities.
- Denied
The Board denied service connection for seizures, to include epilepsy, as the evidence did not support a finding that the Veteran had a current diagnosis of such a disorder related to his military service.
- Partly granted
The Board denied service connection for epilepsy, bilateral detached retina (previously rated as blurred vision), cervical spine condition, and migraine headaches. However, it granted service connection for hypertension and earlier effective dates for lumbar spine disability, left lower extremity sciatic nerve radiculopathy, right lower extremity sciatic nerve radiculopathy, and PTSD.
- Partly granted
The Board granted an effective date of November 1, 2022 for the award of a 30 percent evaluation for migraine and migraine variants but denied earlier effective dates for the TBI and lumbosacral strain claims.
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