The Veteran's appeal has been dismissed due to his death, and the issue of entitlement to VA compensation for bilateral lower extremity paralysis under 38 U.S.C.A. § 1151 is moot.
The deciding factor: The Veteran died prior to a decision being made on the claim, rendering it moot.
- Claimed conditions
- bilateral lower extremity paralysis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 30, 2011
- Citation
- 1112644
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 1112644.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Board dismissed all the issues related to service connection and compensation for various disabilities, including hearing loss, back injury, scars, paralysis of upper and lower extremities, and TDIU. The decision also noted that the appellant died during the appeal process.
- Remanded (sent back)
The Veteran's claim for a higher rating for his lumbosacral strain is denied. The Board also remanded the claims of service connection for PTSD and for compensation under 38 U.S.C. § 1151 for bilateral lower extremity paralysis secondary to surgical repair of an infrarenal abdominal aortic aneurysm.
- Denied
The Board found that the Veteran's bilateral lower extremity paralysis was not caused by VA carelessness, negligence, or similar fault and that it did not result from an event not reasonably foreseeable. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is denied.
- Remanded (sent back)
The Veteran's claim for VA compensation for bilateral lower extremity paralysis under 38 U.S.C.A. § 1151 is being remanded due to the need to obtain Social Security Administration (SSA) disability benefits records and additional medical treatment records.
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