The Veteran's appeals for increased evaluations and earlier effective dates have been dismissed due to the death of the Veteran.
The deciding factor: The appeal was dismissed because the Veteran died during the pendency of the appeal, thus the Board has no jurisdiction to adjudicate the merits of the claims.
- Claimed conditions
- right knee strain, right hip trochanteric pain syndrome with limitation of flexion, left knee instability, limited flexion of the left knee to include meniscal tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2020
- Citation
- 20074540
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for bilateral hip and knee disabilities, as well as a TDIU claim, to ensure adequate VA examinations are conducted.
- Dismissed
The Board dismissed the appeal for service connection for bilateral knee instability and denied service connection for right and left knee instability, finding no nexus between the Veteran's knee conditions and his service or service-connected disabilities.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for a thoracolumbar spine disorder and bilateral knee disorders due to the need for additional VA examinations.
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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.