The Board has dismissed all appeals for rating increases and service connection claims due to the Veteran's death.
The deciding factor: The Veteran died during the pendency of his appeal, thus the Board lacks jurisdiction to adjudicate the merits of his claims.
- Claimed conditions
- gastroesophageal reflux disease (GERD), degenerative disc disease (DDD) of the cervical spine, right patellofemoral pain syndrome (claimed as bilateral knee pain), left patellofemoral pain syndrome (claimed as bilateral knee pain), right shoulder strain with residual pain (claimed as right shoulder condition) (dominant), residual pain, follow surgery for non-union of left scaphoid fracture to include smaller, weaker left forearm (also claimed as left hand disability), degenerative disc disease (DDD) of the thoracic and lumbar spine, dysthymic disorder to include insomnia (claimed as depression and sleep apnea)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2021
- Citation
- 21070796
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 21070796.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Dismissed
The Board dismissed the appeals regarding service connection for obstructive sleep apnea and gastroesophageal reflux disease due to lack of evidence linking these conditions to service.
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