The appeal was dismissed due to the death of the veteran.
The deciding factor: The appellant died during the pendency of the appeal, and as a matter of law, claims do not survive an appellant's death.
- Claimed conditions
- bilateral extremity flaccid paralysis, bowel incontinence, bladder incontinence, scars, neck and buttocks
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2009
- Citation
- 0900368
Veterans Law Judge
Decisions by this judge: 2,776 · Granted: 24% (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 0900368.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's bowel incontinence is rated at 60 percent, but not more. The Board also granted a TDIU prior to January 18, 2013.
- Denied
The Veteran's claims for compensation under 38 U.S.C. § 1151 for bowel incontinence and residuals scarring associated with a colon biopsy are denied, as is his claim for service connection for chronic headaches. His claims for lumbosacral strain and hypertrophic cardiomyopathy are granted.
- Granted
The Veteran's claim for service connection for bowel incontinence was granted with an effective date of November 12, 2015. The Board found that the AOJ did not properly handle the supplemental claim application and implicitly waived any procedural defects.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to incomplete evidence, specifically VA treatment records from 'SAMMC'. The Veteran is also required to undergo a secondary service connection opinion regarding his sleep deprivation claim.
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