The appeal of the throat disability claim, including tardive dysphagia and/or tardive dyskinesia, is dismissed due to the Veteran's death during the pendency of the appeal.
The deciding factor: The Veteran died during the pendency of the appeal, which requires dismissal of the case under 38 C.F.R. § 20.1302(a).
- Claimed conditions
- throat disability, tardive dysphagia, tardive dyskinesia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2026
- Citation
- A26008121
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A26008121.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development to address his claims of increased rating for tardive dyskinesia, SMC based on a need for aid and attendance, and TDIU.
- Dismissed
The Veteran's appeal for a higher disability rating for PTSD with tardive dyskinesia and alcohol use disorder prior to June 8, 2020 was dismissed due to the Veteran's death.
- Denied
The Veteran's claim for an initial disability rating in excess of 30 percent for tardive dyskinesia is denied. A separate 10 percent disability rating for slowed speech due to tardive dyskinesia is granted.
- Remanded (sent back)
The Board remands the case for the RO to provide the Veteran with notice of his right to a pre-decisional hearing and conduct one if elected.
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