The Veteran's appeals for increased disability ratings have been dismissed due to his death.
The deciding factor: The Veteran died during the pendency of his appeal, and the Board has no jurisdiction to adjudicate the merits of the appeal at this time.
- Claimed conditions
- dislocation of the right elbow with loose body and epicondylitis, limitation of extension of the right elbow, limitation of flexion of the right elbow, impairment of supination of the right elbow, surgical scar of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2018
- Citation
- 18155152
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 18155152.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remanded the Veteran's claims for increased ratings and rating reductions due to issues with the propriety of reducing disability ratings, as well as the need to obtain additional medical records. The Veteran is also being asked to provide authorization or submit any outstanding private treatment records.
- Partly granted
The Board granted a 30 percent rating for limitation of flexion and degenerative disease of the right elbow from January 23, 2017, to August 28, 2020, but denied ratings in excess of 30 percent. A 10 percent rating was also granted for limitation of extension during this period.
- Denied
The Board denied increased ratings for the Veteran's right elbow, right ankle, and depressive disorder and chronic pain syndrome.
- Denied
The Board denied earlier effective dates for service connection and initial ratings for various right hip and knee conditions, as the evidence did not support entitlement to these benefits prior to the assigned dates.
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