The Board dismissed the appeals for earlier effective dates and service connection claims due to the Veteran's death.
The deciding factor: The Veteran died during the pendency of the appeal, thus the Board has no jurisdiction to adjudicate the merits of the appeal.
- Claimed conditions
- diabetic peripheral neuropathy of the right lower extremity sciatic nerve, diabetic neuropathy of the left upper extremity, diabetic peripheral neuropathy of the left lower extremity sciatic nerve, diabetic neuropathy of the right upper extremity, diabetic retinopathy with macular edema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 28, 2024
- Citation
- A24027550
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 A24027550.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has granted service connection for diabetes mellitus type II (DM) and coronary artery disease (CAD), finding that the Veteran was exposed to herbicide agents during his active duty at Fort McClellan. The Board also found support for secondary service connection for diabetic neuropathy of various extremities, peripheral vascular disease, and gastroparesis as secondary to DM.
- Granted
The Board has granted service connection for coronary artery disease and diabetes mellitus type II on a presumptive basis due to herbicide exposure, and also granted service connection for diabetic neuropathy of the right upper, right lower, left upper, and left lower extremities.
- Denied
The Veteran's claims for service connection for various conditions, including colon cancer, sleep apnea, respiratory disability, type II diabetes mellitus, enlarged prostate, diabetic neuropathy, heart disability, and acquired psychiatric disability were denied as there was no persuasive evidence to support the assertions.
- Remanded (sent back)
The Board remands the claims for service connection for prostate cancer, diabetes mellitus type II, and diabetic neuropathy of the upper and lower extremities due to a need for clarification regarding the Veteran's exposure to Agent Orange.
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