The veteran's appeal was dismissed due to his death, and the Board had no jurisdiction to adjudicate the merits of this claim.
The deciding factor: The appellant died during the pendency of his appeal, which resulted in the dismissal of his case.
- Claimed conditions
- shell fragment wound of the right hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2004
- Citation
- 0400260
Veterans Law Judge
Decisions by this judge: 999 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0400260.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claims for increased ratings for his service-connected shell fragment wounds to the right hip and chest are being remanded due to the need for additional development, including an examination.
- Remanded (sent back)
The veteran seeks an increased evaluation for his service-connected residuals of a shell fragment wound of the right hip, currently rated at 20 percent. The case is being remanded to the RO for additional development and examination.
- Denied
The Board denied the veteran's claims for service connection for residuals of a shell fragment wound of the right hip, PTSD, rotoscoliosis with lumbosacral strain, degenerative disc disease and spondylosis of the lumbar spine, and hypertension. The appeals were based on direct evidence rather than any presumption or secondary service connection.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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