The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of the claim as he is deceased.
The deciding factor: The Veteran passed away, and therefore, the appeal cannot proceed as there are no living parties entitled to file a request for substitution.
- Claimed conditions
- fractured right ankle
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 1, 2018
- Citation
- 1812872
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 1812872.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board denied a rating in excess of 10 percent for the Veteran's fractured right ankle from September 16, 2012, as his range of motion was only moderately limited.
- Remanded (sent back)
The Board has denied an increased rating for a fractured right ankle and remanded the issues of service connection for a bilateral hip disability and TDIU. The Veteran's attorney requested additional medical opinions on these matters.
- Denied
The Veteran's claim for a sleep disorder is denied as there is no evidence of a current diagnosis or functional impairment.,An increased 20 percent rating, but no higher, has been granted for the right shoulder/collarbone disability from November 12, 2010 to October 15, 2018. The Veteran's claim for a higher rating is denied after that date.,A 10 percent rating, but no higher, has been granted for the left thumb fracture from November 3, 2011 to October 15, 2018. The Veteran's claim for a higher rating is denied after that date.,The Veteran's claim for an increased disability rating for the right ankle is denied.,The Veteran's claim for an increased disability rating for the left knee is denied.,An increased 20 percent rating, but no higher, has been granted for degenerative disc disease of the lumbar spine from March 4, 2011 to October 15, 2018. The Veteran's claim for a higher rating is denied after that date.,The Veteran's claim for an increased disability rating for sciatic radiculopathy in the right lower extremity is denied.
- Granted
The Veteran's claim for an increased rating for residuals of a fractured right ankle was granted, with a disability rating of 20 percent effective from the date of the decision. The lumbosacral strain with spondylolisthesis claim remains pending.
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