The appeal was dismissed due to the Veteran's death during its pendency.
The deciding factor: The appeal is moot as a matter of law due to the Veteran's death, and no jurisdiction exists for the Board to adjudicate it.
- Claimed conditions
- Degenerative disc disease of the thoracolumbar spine, Obstructive sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2024
- Citation
- A24063278
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board denied service connection for an acquired psychiatric disorder, chronic rhinitis, and obstructive sleep apnea. The headache claim was remanded for further examination.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Partly granted
The Board granted service connection for lumbar spine disability, as secondary to the Veteran's service-connected left foot crush injury, and sciatic radiculopathy of both lower extremities, also secondary to the newly service-connected lumbar spine disability. The Board denied an initial rating in excess of 70 percent for depressive disorder with unspecified anxiety disorder and a compensable rating for allergic rhinitis.
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