The appeal for compensation under 38 U.S.C.A. § 1151 due to treatment at the Dallas, Texas VA Health Care System is dismissed because the appellant died during the pendency of the appeal.
The deciding factor: The appellant died during the pendency of the appeal and thus the Board has no jurisdiction to adjudicate the merits of this appeal.
- Claimed conditions
- residuals of cervical spine surgery
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2019
- Citation
- 19147554
Veterans Law Judge
Decisions by this judge: 2,011 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19147554.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of cervical spine surgery, cervical canal stenosis, and cervical spine fusion is granted due to the presence of additional disability caused by VA treatment without proper informed consent.
- Denied
The Board denied service connection for residuals of cervical spine surgery, a vocal cord disorder, and a throat disorder. The Veteran's claims were not supported by medical evidence showing a causal relationship between the conditions and his military service.,Compensation pursuant to 38 U.S.C. § 1151 for a vocal cord and/or throat disorder resulting from VA cervical spine surgery was also denied due to lack of causation.
- Denied
The Veteran's claims for service connection have been denied as new and material evidence has not been received to reopen the previously denied claims.
- Partly granted
The claim for compensation pursuant to 38 U.S.C.§ 1151 for breathing problems was reopened and granted.,The claim for compensation pursuant to 38 U.S.C.§ 1151 for residuals of cervical spine surgery was denied.
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