The appeal for compensation benefits under 38 U.S.C. § 1151 for ileostomy surgery has been dismissed without prejudice due to the Veteran's death and the failure of the Agency of Original Jurisdiction to comply with previous remand directives.
The deciding factor: The Veteran died after the appeal was recertified to the Board, making his claim ineligible as a surviving appellant.
- Claimed conditions
- ileostomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 30, 2022
- Citation
- 22049157
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 22049157.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claim for an effective date earlier than September 2, 2020, for the award of service connection for colostomy, ileostomy, rectal vaginal fistula, and small bowel obstruction (SBO) surgery was denied as there was no new and material evidence received within one year of the issuance of the December 2013 decision.
- Remanded (sent back)
The Board has remanded the claims for service connection for ulcerative colitis, removal of large intestines, and ileostomy due to inadequate opinions regarding the etiology of these conditions.
- Denied
The Veteran's ileostomy is not service-connected, so he does not qualify for a clothing allowance.
- Denied
The Veteran's claim for special monthly compensation based on aid and attendance of another person or by reason of being housebound was denied as he did not meet the criteria due to his service-connected disabilities, which included dementia, chronic renal failure, seizures, atrial fibrillation, COPD, and ileostomy.
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