The appeal was dismissed due to the Veteran's death during the pendency of the appeals.
The deciding factor: The appeal must be dismissed for lack of jurisdiction as the Veteran died, and claims do not survive their deaths.
- Claimed conditions
- Residuals of a traumatic brain injury (TBI), to include migraine headaches, Left knee strain (left knee disability), Lumbar spine degenerative arthritis (low back disability)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2024
- Citation
- 24000116
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board denied increased ratings for bilateral hearing loss, right inguinal hernia, non allergic rhinitis, sinusitis, and irritable bowel syndrome (IBS), while granting service connection for left knee strain and left leg shin splints.
- Partly granted
The Board granted service connection for residuals of a traumatic brain injury and special monthly compensation based on the need of regular aid and attendance, while remanding the issue of service connection for a seizures disorder.
- Dismissed
The Board dismissed the claims for service connection for various disabilities, including bilateral hearing loss, right knee, right hand, left knee, right ankle, and residuals of a traumatic brain injury due to untimely appeals or lack of evidence supporting current disability.
- Remanded (sent back)
The Board remands the claim for a new VA examination to determine the etiology of the Veteran's claimed residuals of TBI, as the previous examination was found inadequate.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.