The Veteran's appeal regarding vocational rehabilitation and education services has been dismissed due to his death. The issues of compensation under 38 U.S.C. § 1151 for hepatitis C have also become moot as the Veteran died during the appeal process.
The deciding factor: The Veteran died during the pendency of the appeal, which resulted in a lack of jurisdiction over the merits of his claims.
- Claimed conditions
- right shoulder degenerative joint disease (DJD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2019
- Citation
- 19166767
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 19166767.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 granted service connection for hypertension and tinnitus, but denied service connection for a left wrist condition, chronic fatigue syndrome, dry mouth, and a skin condition. Several claims were remanded for further development.
- Granted
The Veteran's claims for service connection have been reopened, but the Board has denied all individual issues of service connection. The appeals are not granted.
- Remanded (sent back)
The Board has remanded the cases due to insufficient range of motion assessments for right shoulder DJD and a need for a new VA examination to assess the current severity of anxiety disorder.
- Remanded (sent back)
The Board has remanded the case for further development and examination to determine whether the Veteran currently suffers from diabetes, assess the severity of his service-connected back, shoulder, and neurologic disabilities, as well as his prostate disorder and rhinitis. The issues related to increased ratings and TDIU are also being remanded.
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