The appeal was dismissed due to the death of the Veteran and his surviving spouse, with their daughter's request for substitution pending.
The deciding factor: The Board cannot issue a decision on the underlying claim(s) at this time due to the deaths of the Veteran and his surviving spouse, as per 38 C.F.R. § 20.1302(a).
- Claimed conditions
- pulmonary conditions, heart conditions, kidney conditions
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2024
- Citation
- A24071517
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 the veteran's claims for increased ratings, TDIU, special monthly compensation, and Dependents' Educational Assistance due to insufficient evidence of a higher disability rating or unemployability.
- Denied
The Board denied service connection for diabetes, heart conditions, chronic kidney disease (CKD), left and right lower extremity neuropathy, and headaches as the evidence did not support a direct relationship to the Veteran's active service.
- Dismissed
The appeal for service connection for heart conditions was dismissed due to untimeliness, and the claim for renal disease was denied as there is no evidence of a current disability.
- Dismissed
The appeal was dismissed because the veteran died while it was pending. The dismissal does not affect the right of an eligible person to take the Veteran's place to continue the appeal on the pending claim(s).
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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.