The appeal for compensation under 38 U.S.C. § 1151 has been dismissed due to the Veteran's death.
The deciding factor: The Veteran died during the pendency of the appeal, making it impossible to adjudicate the merits of the case.
- Claimed conditions
- amputation of the right lower extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2018
- Citation
- 18144531
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 18144531.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 decided to remand the Veteran's claims for additional development due to inaccuracies in the factual basis of a previous VA examination and the need to clarify whether Buerger’s Disease was caused by tobacco use during service.
- Denied
The Board denied the Veteran's claims for service connection for amputation of his right lower extremity, finding that there was no evidence to support a direct or secondary service connection. The March 2018 VA examiner concluded that the amputation was not caused by his service-connected right ankle cellulitis.
- Granted
The Board finds that the evidence is at least in relative equipoise as to whether the veteran's post-operative conditions, including paraplegia of the lower extremities, loss of bowel sphincter control, neurogenic bladder, and amputation of the right lower extremity, resulted from the May 1990 laminectomy performed by VA. The Board concludes that these additional disabilities are not necessary consequences of the surgical treatment provided.
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