The Veteran's appeal has been dismissed due to his death. The Board did not have jurisdiction to adjudicate the merits of the case.
The deciding factor: The Veteran died during the pendency of his appeal, thus the Board does not have jurisdiction to proceed with the decision.
- Claimed conditions
- transverse myelitis with loss of motor, sensory, bowel, bladder, and sexual function below the D5 level (claimed as paralysis secondary to compression fracture of the T6 vertebra), degenerative joint disease of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2009
- Citation
- 0946080
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 0946080.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claim of service connection for a lumbar spine disability, finding that there was no in-service disease or injury and that the current condition did not manifest within one year of separation from active duty. The Board also found insufficient evidence to support a presumption of service connection.
- Denied
The Veteran's initial rating for the left shoulder disability was denied, and a higher initial rating of 20 percent was granted from March 10, 2015 to November 1, 2018. The Veteran's thoracic spine disability received an initial 10 percent rating, which remains unchanged.
- Dismissed
The Board has dismissed all issues on appeal due to the Veteran's withdrawal of his appeals.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated treatment records and attempting to obtain SSA records.
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