The appeal for service connection for diabetic ulcers, bilateral feet, s/p left transmetatarsal amputation was dismissed due to the Veteran's death.
The deciding factor: The appeal was dismissed as a matter of law due to the Veteran's death during the pendency of the appeal.
- Claimed conditions
- diabetic ulcers, bilateral feet, s/p left transmetatarsal amputation
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2023
- Citation
- 23001760
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 withdrew the appeal for service connection claims related to bilateral knees, bilateral feet, tinnitus, OSA, acquired psychiatric disability, and pilonidal cyst.
- Denied
The Board denied service connection for the veteran's bilateral feet and cold weather injury joint aches, finding no evidence that these conditions were related to military service.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions due to an incomplete record and the need for additional development.
- Remanded (sent back)
The Board has decided that additional development is needed for the Veteran's claims of a rating in excess of 20 percent for gout, bilateral knees and feet, and TDIU. The claims are being remanded to obtain updated treatment records from Dr. T.N., conduct an appropriate VA examination, and forward the appropriate form (VA Form 21-8940) to the Veteran for completion.
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