The appeal was dismissed due to the Veteran's death in December 2023, while it was pending.
The deciding factor: The appeal is dismissed as a matter of law due to the Veteran's death and lack of surviving eligible claimants.
- Claimed conditions
- Ischemic heart disease, Type II diabetes mellitus, Peripheral neuropathy of the left upper extremity, Peripheral neuropathy of the right upper extremity, Peripheral neuropathy of the left lower extremity, Peripheral neuropathy of the right lower extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2024
- Citation
- 24002735
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 granted service connection for Type II diabetes mellitus, finding that it is secondary to the Veteran's service-connected unspecified depressive disorder.
- Partly granted
The Board granted a disability rating of 50 percent for the Veteran's left shoulder disability and service connection for peripheral neuropathy of the left upper extremity, both secondary to his service-connected left shoulder disability.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that Type II diabetes mellitus and hypertension, which are presumed to have resulted from herbicide exposure during service, contributed substantially to his demise.
- Remanded (sent back)
The Board remands the claim for an adequate medical opinion regarding the Veteran's in-service toxic exposure risk activities, including jet fuel and other fuels, to determine if they contributed to his cause of death.
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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.