The Board has dismissed the appeals for a higher rating for lumbar spine degenerative joint disease, a total disability rating due to unemployability, and service connection for obstructive sleep apnea and arthritis of multiple joints. The appeals are dismissed due to the Veteran's death.
The deciding factor: The Veteran died during the pendency of the appeal, thus the Board has no jurisdiction to adjudicate the merits of these appeals at this time.
- Claimed conditions
- degenerative joint disease of the lumbar spine, arthritis of the bilateral hips, arthritis of the bilateral hands, arthritis of the bilateral shoulders, arthritis of the bilateral elbows
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2020
- Citation
- 20001945
Veterans Law Judge
Decisions by this judge: 2,569 · Granted: 26% (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 20001945.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Granted
The Board has determined that the Veteran's lumbar spine arthritis is aggravated by his service-connected bilateral knee disabilities, and thus grants service connection for this condition.
- Granted
The Veteran's low back disability was rated at 40% prior to September 28, 2018. From that date, the rating was increased to 50%. The earlier effective date for TDIU is denied.
- Denied
The Veteran's appeal for a higher level of SMC was denied as he does not meet the criteria for any additional levels of SMC based on his service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.