The veteran's appeal for increased ratings for service-connected gunshot wound and fracture of the spine and right scapula, as well as fracture of the right humerus, has been dismissed due to the death of the appellant.
The deciding factor: The veteran died during the pendency of his appeal, thus rendering the claims moot.
- Claimed conditions
- gunshot wound, residuals of fracture of spine and of the right scapula, residuals, fracture, right humerus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 13, 2006
- Citation
- 0629011
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 0629011.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board remands the claim for service connection for cause of death to ensure all available service treatment records are obtained and an additional medical opinion is provided.
- Denied
The Board denied the Veteran's claim for service connection for prostate cancer and residuals, finding that there was no evidence to support a causal relationship between his in-service prostatitis and his later diagnosis of prostate cancer.
- Denied
The Board denied service connection for kidney cancer and residuals as the evidence did not support a causal relationship between the Veteran's in-service toxic risk exposure and his current condition.
- Granted
The veteran's kidney disease, including cancer and residuals, is service-connected as secondary to their diabetes.
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