The Veteran's appeal for service connection of a bilateral eye disability, including cataracts and other ocular conditions, has been dismissed due to the Veteran's death.
The deciding factor: The Veteran died during the pendency of his appeal, resulting in the dismissal of the case under 38 C.F.R. § 20.1302(a).
- Claimed conditions
- bilateral eye disability, cataracts, arcus senilis, conjunctival melanosis, syneresis, retinal drusen, pinguecula, visual field contractions
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2024
- Citation
- 24034003
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 24034003.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Veteran's tinnitus and hearing loss claims are denied as there is no current diagnosis of these conditions.,The Veteran's high cholesterol, dementia, stroke, prostate cancer, cataracts, diabetes, hypertension, CHF, and myocardial infarction claims are denied due to lack of service connection evidence or insufficient evidence to establish a nexus between the disabilities and active duty service.,The Veteran was exposed to toxins during his military service but there is no evidence linking these exposures to any of the claimed conditions.
- Dismissed
The appeal for service connection of cataracts has been dismissed due to the appellant's death prior to a Board decision.
- Remanded (sent back)
The Board has determined that the Veteran's claim for service connection for a bilateral eye condition should be remanded due to pre-decisional duty-to-assist errors and the need for an updated TERA Memorandum. The Veteran was not provided with a VA examination, and her allegations of exposure during basic training were not addressed.
- Remanded (sent back)
The Board has remanded the case due to a duty-to-assist error, specifically failing to obtain an opinion regarding whether the Veteran's current bilateral eye disability is related to service exposure to burn pits. The AOJ should obtain such an opinion.
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