The veteran's appeal has been dismissed due to his death. The claims for a compensable evaluation for service-connected residuals of a left ankle fracture and an increased evaluation for service-connected traumatic arthritis, lumbosacral spine and T-12 are not before the Board as they have become moot.
The deciding factor: The veteran died during the pendency of the appeal, which resulted in the dismissal of his claims due to lack of jurisdiction.
- Claimed conditions
- left ankle fracture, traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 10, 2005
- Citation
- 0530222
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 0530222.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's left ankle fracture requiring the prescribed use of a CAM walker boot is not considered akin to immobilization by cast, and therefore, he does not meet the criteria for a temporary total rating under 38 C.F.R. § 4.30.
- Dismissed
The Veteran withdrew his appeal for a higher rating for service-connected right ankle with traumatic arthritis (claimed as right ankle instability). The Board dismissed the appeal.
- Denied
The Board denied the Veteran's request for an effective date prior to October 25, 2018, for left ankle fracture status post open reduction and internal fixation (ORIF) with residual pain, edema, and leg length discrepancy.
- Dismissed
The appeal of whether new and material evidence has been presented to reopen a claim of service connection for a left ankle fracture is dismissed. The Board will consider the Veteran's claims for service connection for a brain tumor and heart disease related to in-service exposure to commercial herbicides, PCBs, and asbestos.
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