The appeal is dismissed due to the Veteran's death during the pendency of the appeal.
The deciding factor: The appeal was dismissed as a matter of law due to the Veteran's death, and no further adjudication can be made posthumously.
- Claimed conditions
- Peripheral neuropathy of the bilateral upper extremities (secondary to service-connected hepatitis C with cirrhosis), Peripheral neuropathy of the bilateral lower extremities (secondary to service-connected hepatitis C with cirrhosis), Cognitive disorder (secondary to service-connected hepatitis C with cirrhosis), Unspecified depressive disorder, Hepatitis C with cirrhosis, Total disability rating based on individual unemployability due to service-connected disabilities
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2024
- Citation
- 24000182
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the claims for a higher rating for lumbar spine disability, lower extremity radiculopathy, and TDIU due to insufficient evidence and non-compliance with previous remand instructions.
- Partly granted
The Board granted a 40% initial rating for left upper extremity paresthesia, hypoesthesia and denied higher ratings or service connection for other conditions.
- Dismissed
The Veteran withdrew his appeal, and the Board has no jurisdiction to review the case.
- Granted
The Board granted service connection for a chronic acquired psychiatric disorder, variously diagnosed as PTSD, trauma-related disorder, unspecified anxiety disorder, unspecified depressive disorder, and insomnia.
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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.