The Board's April 1999 decision was dismissed as the issues were not within its jurisdiction.
The deciding factor: The Court vacated and remanded the decision, leaving no final decision for the Board to review on the basis of clear and unmistakable error.
- Claimed conditions
- left sciatic nerve injury with foot drop, osteomyelitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2001
- Citation
- 0101153
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 0101153.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for osteomyelitis, a back disability, and a neck disability as the evidence did not support a causal relationship between these conditions and the Veteran's active military service or presumed exposure to contaminated water at Camp Lejeune.
- Remanded (sent back)
The Board is remanding the claim for service connection of the Veteran's cause of death due to a predecisional duty to assist error in not obtaining relevant medical records from the state veteran's home.
- Granted
The Veteran's requirement for assistance with activities of daily living was granted as a result of his service-connected left and right foot disabilities, specifically due to osteomyelitis.
- Dismissed
The Board dismissed the appeals for service connection for osteomyelitis and amputation above the knee, left as secondary to osteomyelitis. The claims for bilateral hearing loss and tinnitus were granted.
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