The Veteran's appeal for a higher rating and earlier effective date for his lumbar spine degenerative joint disease has been dismissed due to the death of the Veteran during the pendency of the appeal.
The deciding factor: The Veteran died while his appeal was pending, thus the Board lacks jurisdiction over the merits of the case.
- Claimed conditions
- lumbar spine degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2023
- Citation
- A23034379
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 A23034379.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remanded the Veteran's claims for service connection due to incomplete service treatment records and a need to address lay statements regarding in-service injuries. The AOJ is instructed to obtain complete service treatment records, correct any duty-to-assist errors, and provide an addendum opinion on whether the Veteran's current lumbar spine and right knee disabilities are related to heavy, repetitive lifting from his military duties.
- Remanded (sent back)
The Board has remanded the Veteran's claims for higher ratings for IBS, lumbar spine disability, and lower extremity radiculopathy due to a procedural error in providing notice of his right to a hearing.
- Remanded (sent back)
The Board has determined that there are errors in the decision-making process related to obtaining and considering certain medical records, conducting appropriate examinations, and providing a comprehensive assessment of the Veteran's employability due to his service-connected disabilities. The case is being remanded for these issues.
- Granted
The Board has granted service connection for cervical spine degenerative joint disease and lumbar spine degenerative joint disease, including radiculopathy. The decision is based on the Veteran's reported in-service injuries and current medical diagnoses.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.