The Veteran's appeal for an increased rating for a lumbar spine compression fracture has been dismissed due to the death of the Veteran. The Board does not have jurisdiction to adjudicate this claim as the appellant is deceased.
The deciding factor: The Veteran passed away during the pendency of the appeal, and appellants' claims do not survive their deaths.
- Claimed conditions
- lumbar spine compression fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2021
- Citation
- 21064341
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21064341.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's appeal for service connection for PTSD, TBI, tension headaches, a lumbar spine compression fracture, a right elbow fracture, scars of the right forearm, neuropathy of the right upper extremity, a right wrist fracture, and tinnitus previously found to be service connected for treatment purposes only is dismissed. Service connection for a right knee disability is granted.
- Remanded (sent back)
The Veteran's initial increased rating claim for his service-connected back disability is denied. The case has been remanded to obtain further information regarding the Veteran's employment status and circumstances prior to August 1, 2018.
- Denied
The Veteran's claim for a higher rating for his lumbar spine compression fracture was denied, as the disability did not meet the criteria for a rating higher than 40 percent from January 19, 2021.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an increased evaluation and TDIU due to insufficient evidence in the record regarding his lumbar spine disability prior to March 1, 2011. The Veteran is seeking higher ratings for his service-connected lumbar spine compression fracture.
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