The Veteran's appeal for a higher disability rating for his lumbar spine strain was dismissed due to the death of the appellant before a decision could be made.
The deciding factor: The Veteran died prior to the Board making a decision on the claim.
- Claimed conditions
- lumbar spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2020
- Citation
- 20080807
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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The appeal for higher ratings and special monthly compensation was withdrawn by the Veteran before a decision was made.
- Denied
The Board denied the veteran's claims for earlier effective dates and service connection for various conditions, as well as initial ratings higher than noncompensable for dermatitis and hypertension, and a rating higher than 20 percent for lumbar spine strain.
- Partly granted
The Board granted service connection for right temporomandibular joint disorder (TMJ) and bruxism, lumbar spine strain, and erectile dysfunction and hypogonadism. The appeal was denied for an initial compensable rating for eczema.
- Dismissed
All appeals listed were dismissed due to the Veteran's death.
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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.