The Veteran's appeal for increased rating and automobile/adaptive equipment benefits has been dismissed due to his death. The Board does not have jurisdiction to proceed with the claims as he is deceased.
The deciding factor: The Veteran died during the pendency of the appeal, thus the Board lacks jurisdiction to adjudicate the merits of the appeal.
- Claimed conditions
- left lower extremity weakness
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2019
- Citation
- 19131842
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board denied a rating in excess of 40 percent for myasthenia gravis with ptosis and remanded the ratings for avascular necrosis, hip flexion limitations, and lower extremity weakness.
- Partly granted
The Board granted service connection for several conditions effective April 16, 2007, but no earlier, and denied a rating in excess of 30 percent for constipation. SMC based on the need for aid and attendance was granted from August 30, 2013.
- Partly granted
The Board denied increased ratings for various conditions but granted a 30 percent rating for left and right upper extremity weakness prior to November 13, 2024, and an earlier effective date of August 27, 2010, for total disability based on individual unemployability.
- Partly granted
The Board granted initial ratings for left upper extremity weakness, left lower extremity weakness, rectum impairment, and voiding dysfunction/urine leakage, denied a compensable rating for bilateral hearing loss, and granted a total disability rating based on individual unemployability (TDIU).
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