The Veteran's appeal for service connection for degenerative disc disease other than intervertebral disc syndrome was dismissed because the Veteran died during the pendency of the appeal.
The deciding factor: The Veteran died during the pendency of his appeal, and due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal at this time.
- Claimed conditions
- degenerative disc disease other than intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2023
- Citation
- A23027774
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 A23027774.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 decided to remand the Veteran's claim for service connection for degenerative disc disease other than intervertebral disc syndrome, retrolisthesis, and bilateral lower extremity radiculopathy (claimed as back pain) due to incomplete STRs and SPRs. The AOJ is instructed to obtain these records and schedule a VA examination to determine the nature and etiology of the Veteran's back condition.
- Granted
The Board has granted a rating of 40 percent for the Veteran's service-connected degenerative disc disease other than intervertebral disc syndrome; lumbosacral strain; sacroiliac weakness; sacroiliac joint osteoarthritis, effective from the date of the decision.
- Granted
The Board has granted the Veteran's claim for service connection for a low back disability, finding that there is continuity of symptomatology from his in-service injury to his current diagnosis. The appeal was also reopened due to new and material evidence.
- Granted
The Veteran's back condition, including degenerative arthritis of the lumbar and thoracic spine as well as degenerative disc disease other than intervertebral disc syndrome, is granted. The right lower extremity radiculopathy and left lower extremity radiculopathy are also granted.
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