The Board has dismissed the Veteran's appeals for a rating in excess of 10 percent prior to April 25, 2013 for tricompartmental osteoarthritis of the left knee and a compensable rating prior to April 25, 2013 for tricompartmental osteoarthritis of the left knee.
The deciding factor: The Veteran died before the Court could decide the appeal, thus the Board has no jurisdiction to adjudicate the merits of the appeal at this time.
- Claimed conditions
- tricompartmental osteoarthritis of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 23, 2023
- Citation
- 23052896
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 23052896.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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The Board has dismissed the appeal as all claims have been withdrawn by the appellant.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling the Veteran with appropriate specialists to determine the current severity of his unspecified depressive disorder and bilateral tricompartmental osteoarthritis.
- Granted
The Board has granted a 40 percent evaluation for the Veteran's lumbosacral spine disability, effective from October 2012. A separate 20 percent evaluation was also granted for radiculopathy of the right lower extremity due to the lumbosacral spine disability. The left knee arthritis claim is remanded as it is inextricably intertwined with the TDIU claim.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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