The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal.
The deciding factor: The Veteran died during the pendency of the appeal, making it impossible for the Board to make a decision on the merits.
- Claimed conditions
- Thoracolumbar Spine Disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2020
- Citation
- 20070710
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted increased ratings for the Veteran's right and left shoulder rotator cuff disabilities, effective from March 25, 2008 and February 28, 2008 respectively. The thoracolumbar spine disability was also rated at 40 percent, but a temporary total disability rating for convalescence following a January 13, 2016 left shoulder surgery was denied.
- Remanded (sent back)
The Board remands all issues on appeal for further development, including obtaining additional medical opinions and ensuring compliance with prior remand directives.
- Remanded (sent back)
The Board remands the appeal to schedule new VA examinations to determine whether the Veteran's claimed disabilities are secondary to his ventral hernia repair with pain with residuals.
- Remanded (sent back)
The Board remands the issues for additional development, including obtaining addendum opinions to determine the nature and etiology of the Veteran's disabilities.
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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.