The Board has vacated its decision and dismissed the appeals for TDIU prior to January 15, 2010 and DEA benefits prior to June 2, 2008 due to the Veteran's death.
The deciding factor: The Veteran died two days before the Board issued its decision on the claims of TDIU and DEA benefits. As a result, the Board does not have jurisdiction over these appeals.
- Claimed conditions
- Degenerative changes of the lumbar spine, Associated radiculopathy of the left and right lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2021
- Citation
- 21065995
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 21065995.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the claim of service connection for a thoracolumbar spine disability, finding that the VA examination and opinion were inadequate as they did not consider the Veteran's complete medical history. The case is now to be reviewed with an addendum VA opinion.
- Dismissed
The Veteran's appeal was dismissed because the Board Appeal request was not timely filed with respect to the June 14, 2023 rating decision that decreased the rating for degenerative changes of the lumbar spine to 20 percent effective September 1, 2023.
- Denied
The Board denied service connection for a lumbar spine disability and an acquired psychiatric disability, but remanded the issue of entitlement to service connection for tinnitus.
- Partly granted
The Board granted service connection for radiculopathy of the right lower extremity as secondary to the Veteran's service-connected degenerative changes of the lumbar spine and increased the disability rating for the lumbar spine to 20 percent effective August 18, 2023.
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