The Veteran's appeal for a higher disability rating for his service-connected lumbar spine degenerative disease has been dismissed due to the death of the Veteran during the pendency of the appeal.
The deciding factor: The Veteran died during the appeal process, and as a result, the Board does not have jurisdiction to adjudicate the merits of the claim.
- Claimed conditions
- lumbar spine degenerative disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 10, 2015
- Citation
- 1538752
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 1538752.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's lumbar spine disability was not found to meet the criteria for a higher rating, as it did not demonstrate forward flexion of the thoracolumbar spine at or below 30 degrees.
- Remanded (sent back)
The Veteran's appeal is remanded for further consideration of his claims, including service connection for an acquired psychiatric disorder and the rating for his back disability.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to incomplete records and insufficient examinations. The Veteran is seeking service connection for various orthopedic conditions, including lumbar spine degenerative disease, bilateral hips, knees, legs, and feet, as well as hypertension, jaw condition, and headaches.
- Dismissed
The Veteran's service-connected disabilities, including chronic kidney disease and multiple musculoskeletal conditions, rendered him unable to secure or follow substantially gainful employment prior to January 27, 2021. From that date, his combined disability rating was 100 percent due to the combination of all his service-connected conditions.
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