The Board has dismissed all appeals for service connection for various conditions, including vertigo, back disability, status-post open reduction internal fixation of right hip and femur fracture, chronic headaches, cerebrovascular accident (CVA), acquired psychiatric disorder, eye disability, and skin disability, all claimed as secondary to falls caused by service-connected right knee and ankle arthritis.
The deciding factor: The Veteran died during the pendency of the appeal, thus the Board has no jurisdiction to adjudicate the merits of the appeals at this time.
- Claimed conditions
- vertigo, back disability, status-post open reduction internal fixation of right hip and femur fracture, chronic headaches, cerebrovascular accident (CVA), acquired psychiatric disorder, to include depression and anxiety, eye disability, skin disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2020
- Citation
- 20065320
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Denied
The Board denied the Veteran's claims for service connection for vertigo and a total disability rating based on individual unemployability (TDIU) due to insufficient evidence linking his current condition to active service or any incident of service.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
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.