The Board has dismissed the appeal as the appellant died during the pendency of the appeal.
The deciding factor: The appellant's death made it impossible for the Board to adjudicate the merits of the increased rating claim for lumbar spine conditions.
- Claimed conditions
- lumbar strain/sprain, degenerative disc disease lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19186868
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 several claims for increased ratings and granted a 20 percent rating for the left ankle disability, while denying all other claims.
- Granted
The Veteran was granted a total disability rating based upon individual unemployability (TDIU) from April 10, 2009, through March 19, 2014, and an effective date of April 10, 2009, for the award of Dependents' Educational Assistance (DEA) benefits.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, and the Board has granted a TDIU.
- Denied
The Board denied the Veteran's claims for service connection for bilateral hearing loss, difficulty swallowing (throat condition), and degenerative disc disease lumbar spine due to lack of evidence linking these conditions to his military service.
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