The appeal was dismissed due to the Veteran's death.
The deciding factor: The case was dismissed because 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
- osteoarthritis, left hip, osteoarthritis, right hip, osteoarthritis, lumbosacral spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2009
- Citation
- 0909709
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for multiple conditions, including rheumatoid arthritis, right hip degenerative joint disease and rheumatoid arthritis with acetabular cyst status post right total hip replacement, osteoarthritis, psoriatic arthritis, hypertension, prostate cancer, diabetes mellitus type II, fever sores, and a compromised immune system, as the evidence did not support a finding of service connection for any of these conditions.
- Remanded (sent back)
The appeal for special monthly pension (SMP) based on the need for regular aid and attendance or housebound status is remanded to ensure that the appellant receives every possible consideration, including a new VA examination.
- Denied
The Board denied service connection for a left ankle disability, low back disability, right knee disability, and left knee disability as the evidence did not support that these conditions were incurred in or aggravated by active service.
- Granted
The Board granted service connection for a right knee disability, diagnosed as meniscal tear, osteoarthritis, osteopenia, and resolved medical femoral epicondyle fracture based on aggravation of a pre-existing condition during ACDUTRA.
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