The appeal was dismissed due to the veteran's death during the course of the appeal.
The deciding factor: Because the veteran died prior to the Board's November 2008 remand, the Board lacks jurisdiction to adjudicate the merits of the underlying claims.
- Claimed conditions
- Generalized arthritis, Bursitis of the legs and knees
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2009
- Citation
- 0903180
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 the veteran's claims for a compensable rating for bilateral hearing loss, service connection for a right eye disability, a joint condition claimed as chronic fatigue, and generalized arthritis.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a generalized arthritis disorder due to unresolved medical questions regarding its onset and relationship to service.
- Partly granted
The Board denied service connection for degenerative joint disease of the lumbar spine and generalized arthritis, but granted service connection for post-traumatic sequelae of the left third proximal phalanx and left hand osteoarthritis as secondary to a service-connected disability.
- Granted
The Board granted an effective date of March 8, 2001 for special monthly compensation based on the need for regular aid and attendance. The veteran's disabilities include degenerative joint disease of the lumbar spine, loss of use of the left hand, and generalized arthritis.
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