The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of these claims as he is no longer alive.
The deciding factor: The appellant died during the pendency of the appeal, and therefore the Board does not have jurisdiction to adjudicate the merits of the claims.
- Claimed conditions
- degenerative joint disease of the cervical spine, degenerative joint disease of the lumbar spine at the level of L4-5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2010
- Citation
- 1040911
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 1040911.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for degenerative joint disease of the cervical spine and radiculopathy affecting both upper and lower extremities, while dismissing the claim for cervicogenic headaches.
- Granted
The Veteran's service-connected disabilities, including degenerative joint disease of the cervical spine, right upper extremity radiculopathy, degenerative joint disease of the lumbar spine, and right lower extremity radiculopathy, have resulted in a combined rating of 60 percent as of March 15, 2019. The Board has granted an earlier effective date for TDIU to this point.
- Granted
The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment, leading to a TDIU grant.
- Remanded (sent back)
The Board remanded the claims for readjudication and further development, as new and relevant evidence had been submitted since the prior denials.
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