All appeals listed were dismissed due to the Veteran's death.
The deciding factor: The appeal was dismissed as a matter of law due to the Veteran's death, and no jurisdiction exists for adjudication posthumously.
- Claimed conditions
- major depressive disorder, migraine headaches, lumbar spine strain, tinnitus, left ankle strain, patellofemoral pain syndrome right knee, patellofemoral pain syndrome left knee, degenerative joint disease and spondylosis of the cervical and cervicothoracic regions prior to October 27, 2023, and in excess of 30 percent thereafter, traumatic brain injury, bilateral hearing loss disability, posttraumatic stress disorder (PTSD), left upper extremity paresthesia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 10, 2025
- Citation
- 25009025
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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.
- 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.
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