The Board dismissed all claims for increased evaluations as the Veteran died during the appeal process.
The deciding factor: The Veteran's death rendered his appeals moot due to lack of jurisdiction.
- Claimed conditions
- degenerative changes of the medial and patellofemoral compartment left knee, spondylosis of lumbar spine (previously evaluated under DC 5237), degenerative arthritis of the right knee, status post torn ligament repair, reduced extension, minimal degenerative changes of the medial and patellofemoral compartment left knee, painful extension, degenerative arthritis of the right knee, status post torn ligament repair
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- 20069269
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claims for service connection for cervical spine, lumbar spine, right knee, and left knee disabilities for a new VA examination and etiological opinion due to inadequate previous opinions.
- Remanded (sent back)
The Board remands the claim for service connection of a right knee condition due to an inadequate VA examination and the need for further development.
- Partly granted
The Board granted service connection for degenerative arthritis of the right and left knees, headaches as proximately due to PTSD, and erectile dysfunction as proximately due to PTSD. The claims for an earlier effective date for a 100 percent rating for PTSD and a 70 percent rating for PTSD were denied, as was the claim for a total disability rating based on individual unemployability. Several other claims were remanded.
- Partly granted
The appeal for service connection of left knee strain was dismissed due to procedural issues. The claim for a higher rating for right knee arthritis was remanded for further evaluation.
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