The appeal was dismissed due to the Veteran's death in December 2020, and his surviving daughter did not qualify for substitution.
The deciding factor: The appeal was dismissed as a matter of law because appellants' claims do not survive their deaths.
- Claimed conditions
- 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, Sleep disorder, Ischemic heart disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2024
- Citation
- A24067047
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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 Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Denied
The Board denied the veteran's claims for service connection for PTSD, bilateral hearing loss, bilateral tinnitus, sleep disorder, erectile dysfunction, and right eye injury as new and relevant evidence was not received to readjudicate these claims.
- Dismissed
The Veteran withdrew his appeals for increased ratings of ischemic heart disease and diabetes, and these claims are dismissed.
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