The Board dismissed the appeal due to the veteran's death, and no jurisdiction remains for adjudicating the merits of the claim.
The deciding factor: The veteran died during the pendency of his appeal, which resulted in the loss of jurisdiction over the case.
- Claimed conditions
- back disorder, left shoulder disorder, costochondritis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 15, 2006
- Citation
- 0604269
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- Remanded (sent back)
The Board remands the claim for a new VA examination to determine if the Veteran has costochondritis or muscle pain in the chest that is related to his service.
- Dismissed
The veteran withdrew the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
- Partly granted
The Board denied service connection for pes planus (flat feet) and remanded several other issues, including service connection for various disorders and increased ratings for the right knee. The Board granted a 20 percent rating for right knee instability.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.