The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
The deciding factor: The appeal cannot proceed as a matter of law due to the Veteran's death, and no substitution request has been received within one year of their passing.
- Claimed conditions
- low back condition, bilateral hip condition, bilateral knee condition, congestive heart failure, diabetes mellitus, erectile dysfunction, hearing loss, high blood pressure, ischemic heart disease, kidney failure, acquired psychiatric disorder, migraines, lower extremity nerve damage, tinnitus, stroke
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2024
- Citation
- A24062302
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
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