The Veteran's appeal for compensation under 38 U.S.C. § 1151 has been dismissed due to his death, and the Board does not have jurisdiction to adjudicate the merits of this appeal.
The deciding factor: The Veteran died while the appeal was pending, thus the Board lacks jurisdiction to proceed with the case.
- Claimed conditions
- right lower extremity loss of use, pain, partial loss of the right toe, subsequent amputation below the knee
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 10, 2019
- Citation
- 19192752
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 19192752.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
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- Remanded (sent back)
The Board remands the claim for additional development, including a new examination to address the nature and etiology of any existing foot disability and whether it is related to service or service-connected disabilities.
- Partly granted
The appeal was denied for service connection of pain and higher initial staged ratings for a psychiatric disability, but granted an effective date of August 5, 2022, for the award of TDIU.
- Remanded (sent back)
The Board remands the claim for service connection for a bilateral foot disorder, to include pes planus, foot nodules, spurring on the achilles tendon, circulation issues/vascular calcifications, pain, and arthritis, due to inadequate evidence and examination.
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