The Board has dismissed the appeals for higher ratings and TDIU due to the appellant's death.
The deciding factor: The appellant died during the pendency of the appeal, thus the Board lacks jurisdiction to proceed with the claims.
- Claimed conditions
- left knee total arthroplasty, right knee total arthroplasty
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2023
- Citation
- 23026560
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 23026560.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 left knee total arthroplasty resulted in intermediate degrees of residual weakness, pain, or limitation. The Board found that a higher rating is not warranted as there was no evidence of severe painful motion or weakness.
- Denied
The Board denied increased disability ratings for various conditions, including bilateral knee replacements and radiculopathies. The reduction of the 30 percent rating for cervical spine degenerative arthritis was also denied.
- Remanded (sent back)
The Board has remanded the claim for a rating in excess of 30 percent for residuals of right knee total arthroplasty due to an error in the VA examination, and the Veteran must be afforded another VA examination that fully complies with Correia v. McDonald.
- Granted
The Veteran is granted an additional month of a total disability rating for his right knee, concluding on November 1, 2024.
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