The appeal was dismissed due to the veteran's death.
The deciding factor: The case was dismissed for lack of jurisdiction due to the appellant's death.
- Claimed conditions
- degenerative disc disease of the lumbar spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2009
- Citation
- 0901569
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for GERD, left wrist sprain, right knee strain, and degenerative disc disease of the lumbar spine. The claim for an increased rating for generalized anxiety disorder with depressive disorder was denied.
- Dismissed
The appeal for service connection for cervical strain with degenerative disease and degenerative disc disease of the lumbar spine was dismissed as it was not timely filed.
- Granted
The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance is granted, as he requires regular assistance with dressing, keeping himself clean and presentable, and attending to his bodily needs due to service-connected disabilities.
- Partly granted
The Board granted service connection for tinea capitis, hypertension, and degenerative disc disease of the lumbar spine but denied service connection for sinusitis and urinary tract infections. The claims for PTSD, hearing loss, chest pain, right hip condition, left hip condition, and right knee condition were remanded.
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