The appeal was dismissed due to the Veteran's death during its pendency.
The deciding factor: The appeal is moot as the appellant has passed away, and thus the Board lacks jurisdiction to adjudicate the merits of this appeal.
- Claimed conditions
- left leg condition, right leg condition, osteoarthritis of the right hip, osteoarthritis of the left hip, chronic headaches (claimed as migraines), peripheral neuropathy of the left upper extremity, to include as secondary to service-connected residuals of a left shoulder injury, status post-surgery with shoulder impingement syndrome and traumatic arthritis, surgical scar of the left shoulder, residuals of left shoulder injury, status post-surgery with shoulder impingement syndrome and traumatic arthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2020
- Citation
- 20064149
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The veteran's appeal requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
- Remanded (sent back)
The Board remands the claims for service connection for right and left leg conditions, as well as right and left hand conditions, to schedule VA examinations.
- Remanded (sent back)
The Board remands the claims for service connection for multiple conditions, including left and right leg, arm, knee, shoulder, kidney, plantar fasciitis, and back conditions, as further development is needed to address pre-decisional duty to assist errors.
- Granted
The Board granted eligibility for attorney fees based on past-due benefits awarded in an August 2024 rating decision.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.