The veteran's appeal has been dismissed due to his death. The Board had no jurisdiction to adjudicate the merits of this claim.
The deciding factor: The veteran died during the pendency of the appeal, and as a result, the Board does not have jurisdiction to proceed with the case.
- Claimed conditions
- gunshot wound to the left buttock, gunshot wound to the right thigh
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2002
- Citation
- 0214754
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 0214754.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 death was ruled due to his service-connected disabilities, including PTSD and low back pain with degenerative disc disease. The Board found that the criteria for SMC under 38 U.S.C.A. § 1114(s) were met as there was a single service-connected disability rated as total (PTSD) and an additional disability independently ratable at 60 percent (low back pain with degenerative disc disease).
- Dismissed
The Veteran's appeals have been withdrawn prior to the Board issuing a decision.
- Denied
The Veteran's service-connected disabilities did not render him so helpless as to be in need of regular aid and attendance or permanently housebound by reason of his service-connected disabilities, thus the criteria for SMC based on the need for aid and attendance were not met.
- Remanded (sent back)
The Board has remanded the case for additional development due to insufficient consideration of the Veteran's education and work history, as well as inadequate examination reports addressing his functional limitations.
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