The veteran's appeal has been dismissed due to his death.
The deciding factor: The appellant died during the pendency of the appeal, thus no jurisdiction remains for adjudicating the merits of the claim.
- Claimed conditions
- hypertrophic degenerative arthritis, spurring, degenerative disc disease of the cervical spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 2, 2006
- Citation
- 0633896
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 0633896.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted disability ratings of 40 percent for right shoulder impingement syndrome, 30 percent for left shoulder impingement syndrome, rotator cuff tear, and acromioclavicular joint osteoarthritis, 30 percent for degenerative disc disease of the cervical spine, 40 percent for degenerative disc disease of the thoracolumbar spine, and 30 percent for right knee patellar chondromalacia with degenerative arthritis, but not higher.
- Denied
The Board denied entitlement to higher disability ratings for chronic sinusitis, low back disability, cervical spine disability, radiculopathy right upper extremity, and thoracolumbar spine scar. The Board also remanded service connection claims for left and right knee disabilities.
- Partly granted
The Board granted service connection for bilateral foot, cervical spine, and bilateral hip disabilities but denied service connection for an eye disability, OSA, a sinus disability, and a nail condition. The Board also denied an increased rating for hearing loss and dismissed the TDIU claim.
- Partly granted
The veteran's claims for service connection for degenerative disc disease of the cervical spine and lumbar spine were granted due to new and relevant evidence. The claim for right ulnar neuritis was dismissed because proper claims processing rules were not followed.
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