The Veteran's appeal has been dismissed due to the death of the appellant.
The deciding factor: The Veteran died during the pendency of his appeal, and as a result, the Board has no jurisdiction to adjudicate the merits of the appeal.
- Claimed conditions
- right knee osteochondritis, left knee osteochondritis dissecans, right knee lateral instability and recurrent subluxation, left knee lateral instability and recurrent subluxation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 30, 2015
- Citation
- 1528135
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 1528135.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has granted an earlier effective date of October 30, 2009 for the grant of a TDIU and basic eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 due to service-connected disabilities.
- Remanded (sent back)
The Board has found that there has been substantial compliance with its remand instructions and is now remanding the claims for increased ratings for left knee disability based on limitation of extension, flexion, and instability.
- Remanded (sent back)
The Veteran's claims for higher ratings for his neck and left knee disabilities, as well as service connection for gastroesophageal reflux disease (GERD) and sleep apnea are being remanded due to outstanding records not having been obtained. The Veteran's VA treatment records suggest there may be relevant private treatment records that have not been associated with the claims file.
- Granted
The Veteran's lumbar strain with osteoarthritis is granted a 20 percent evaluation, but no higher. The evaluations for left knee osteochondritis dissecans and right knee chondromalacia are denied.
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