The Board has dismissed the appeal due to the Veteran's death and cannot proceed with the merits of her claims.
The deciding factor: The Veteran died during the pendency of her appeal, making it impossible for the Board to adjudicate the merits of her claims.
- Claimed conditions
- chronic psychiatric disorder, chronic back disorder, chronic bilateral leg disorder to include fracture residuals
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 10, 2009
- Citation
- 0933864
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 0933864.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board granted service connection for an acquired psychiatric disorder, to include anxiety and depression, and a chronic back disorder, both for the purposes of accrued benefits only.
- Denied
The Board has denied the Veteran's claims for service connection for a chronic back disorder and for TDIU, finding that there is no evidence to support these claims.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for schizo-affective disorder, depressed type and a chronic back disorder due to additional development of medical records and obtaining opinions from VA evaluators.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C. § 1151 for a back disorder is remanded due to pre-decisional duty to assist errors, including the failure to seek records of alleged assaults by VA personnel and the inadequacy of the VA examination opinion.
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