The appeal was dismissed due to the Veteran's death during its pendency.
The deciding factor: Appellants' claims do not survive their deaths, and thus, the appeal must be dismissed for lack of jurisdiction.
- Claimed conditions
- spondylolisthesis, radiculopathy of left lower extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2021
- Citation
- 21062634
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Remanded (sent back)
The Board remands the Veteran's claim for a higher rating for his lumbar spine disability to obtain additional medical evidence regarding the severity of his condition without the ameliorative effects of medication.
- Granted
The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities from March 1, 2021, and an effective date of March 1, 2021, for eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.
- Dismissed
The appeal of the November 2024 non-final rating decision, deferring the adjudication of the Veteran's claim for an increased rating for service-connected intervertebral disc syndrome, spinal stenosis, and spondylolisthesis, was dismissed.
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.