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
Veterans Law Judge
Decisions by this judge: 1,643 · Granted: 15% (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 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claims for service connection for osteoarthritis, left hip; greater trochanteric pain syndrome, left hip; and spinal stenosis, thoracolumbar spine were denied as there is no evidence of a current disability related to her time in service.
- Remanded (sent back)
The Veteran's claim for service connection for osteoarthritis, left hip as secondary to his service-connected lumbosacral strain with degenerative disc disease and arthritis is being remanded due to a duty to assist error.
- Denied
The Veteran's claims for increased ratings for osteoarthritis of the right hip and left hip dislocation have been denied. The current disability ratings are deemed appropriate.,There is no legal basis to assign a higher rating for any of the service-connected conditions.
- Denied
The Board denied service connection for osteoarthritis in both the left and right hip as secondary to a service-connected bilateral knee condition, citing no causal link between the conditions.
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