The appeal for service connection for a respiratory disorder, to include COPD and chronic bronchitis, was dismissed due to the appellant's death.
The deciding factor: The appeal must be dismissed as a matter of law due to the death of the appellant, who is no longer eligible to have his claims adjudicated.
- Claimed conditions
- respiratory disorder, to include chronic obstructive pulmonary disease (COPD) and chronic bronchitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001492
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection and increased ratings due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for a respiratory disorder, heart disorder, diabetes mellitus type II, and hypertension, as well as entitlement to a special monthly pension, due to insufficient evidence regarding in-service exposure to herbicide agents.
- Dismissed
The Board dismissed the Veteran's motion for revision based on clear and unmistakable error (CUE) in an April 2022 rating decision, as it was not properly raised with the AOJ first.
- Partly granted
The Board granted service connection for right lower extremity radiculopathy and panic disorder, but denied service connection for chronic fatigue syndrome (CFS) and a respiratory disorder.
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