The Veteran's appeals for increased disability ratings for service-connected left and right shoulder conditions have been dismissed due to the death of the Veteran.
The deciding factor: The appeal was dismissed because the Veteran died during the pendency of the appeal, thus the Board has no jurisdiction to adjudicate the merits of the case.
- Claimed conditions
- left shoulder bursitis with degenerative arthritis, right shoulder bursitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2019
- Citation
- 19100097
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for bursitis affecting the Veteran's bilateral ankles, elbows, hips, shoulders, and wrists as there was no evidence of a current disability during the pendency of the appeal.
- Denied
The Board denied service connection for bilateral hearing loss, a sleep condition, left shoulder bursitis, left wrist CTS, right wrist CTS, upper back condition, lower back condition, and right shoulder bursitis as there was no evidence of current disability or nexus to military service.
- Remanded (sent back)
The Board remands the appeal for additional evidentiary development, including readjudication of the issues on appeal and AOJ review of newly obtained evidence.
- Remanded (sent back)
The Board remands the claims for service connection for left ankle, left knee, and right shoulder bursitis conditions to correct pre-decisional duty to assist errors.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.