The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
The deciding factor: Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the claims.
- Claimed conditions
- migraine headaches, fibromyalgia (previously rated as psychiatric disorder), degenerative disc disease of the lumbar spine, degenerative arthritis of the cervical spine, radiculopathy of the left upper extremity, radiculopathy of the right lower extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2024
- Citation
- A24067638
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
- Partly granted
The Board granted a 30 percent rating for the Veteran's service-connected migraine headaches, but no greater.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.