The Veteran's claim for compensation under 38 U.S.C.A. § 1151 due to a transmetatarsal amputation of the right foot resulting from VA treatment in March through May 1999 has been dismissed as the appellant died during the appeal process.
The deciding factor: The Veteran's death during the appeal process resulted in the Board having no jurisdiction to adjudicate the merits of the claim.
- Claimed conditions
- transmetatarsal amputation of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 30, 2010
- Citation
- 1032444
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 1032444.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for a lumbar spine disability are remanded due to the need for additional medical opinions regarding negligence in his treatment by VA medical professionals.
- Denied
The veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for financial assistance in the purchase of an automobile and adaptive equipment, or for adaptive equipment only. The veteran also does not qualify for special monthly compensation at a rate in excess of that authorized by 38 U.S.C.A. § 1114(l).
- Granted
The Board has determined that the veteran's service-connected disabilities render him unable to perform daily functions of self-care and protect himself from hazards, warranting special monthly compensation based on aid and attendance.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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