The Veteran's appeal was dismissed due to his death, and no effective date for the 40 percent rating is being granted as he has passed away.
The deciding factor: The Veteran died during the pendency of his appeal, which resulted in the Board having no jurisdiction to adjudicate the merits of the case.
- Claimed conditions
- thoracolumbar degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 22, 2018
- Citation
- 1811282
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 1811282.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's service-connected conditions have caused him to be in need of regular aid and attendance, which has been granted for special monthly compensation (SMC).
- Granted
The Board granted service connection for thoracolumbar degenerative disc disease, finding the evidence to be in approximate balance regarding its relation to an in-service injury.
- Dismissed
The Veteran withdrew all pending claims and chose to pursue subsequently filed supplemental claims for the same conditions.
- Partly granted
The Board denied an earlier effective date for the veteran's back disability but remanded the case to reassess the rating.
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