The appeals regarding the rating reduction for left knee and higher disability ratings for right knee have been dismissed due to the Veteran's death.
The deciding factor: The Veteran died during the pendency of these appeals, making it impossible for the Board to adjudicate their merits.
- Claimed conditions
- septic arthritis, status post total knee arthroplasty, left knee, status post total knee arthroplasty, right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2018
- Citation
- 18107525
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 18107525.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board has found deficiencies in a previous VA medical opinion and has ordered a remand to obtain an addendum opinion regarding the Veteran's right shoulder complications following his surgery. The Veteran contends that he suffered additional disability due to unqualified personnel administering a Cortisone injection several months after his surgery.
- Remanded (sent back)
The Veteran seeks compensation under 38 U.S.C. § 1151 for a residual left knee disability, including as residuals of an infection, due to VA treatment in September 2012. The Board finds that additional records are needed and requests a VA opinion.
- Denied
The Board finds that the VA treatment in November 2007 did not result in additional disability, including septic arthritis and a renal condition. The Veteran's complications were due to an event not reasonably foreseeable.
- Granted
The Veteran's claim for compensation under 38 U.S.C.A. §1151 is granted as his additional disability of the right shoulder due to septic arthritis and osteomyelitis was caused by VA's failure to timely diagnose and treat his condition.
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