The Veteran's appeals for compensation under 38 U.S.C. § 1151 for various conditions have been dismissed due to the death of the Veteran.
The deciding factor: The Veteran died during the pendency of the appeal, and as a matter of law, appellants' claims do not survive their deaths.
- Claimed conditions
- lumbar spine damage, loss of bowel control, loss of bladder control, paraplegia of the bilateral lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2023
- Citation
- 23059809
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 23059809.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board has determined that the Veteran's service-connected disabilities, including loss of bowel control and multilevel spondylosis, have resulted in a need for regular aid and attendance. The claim is granted subject to the laws governing payment of monetary benefits.
- Dismissed
The Board dismissed the claim for entitlement to service connection for prostate cancer and denied earlier effective dates for the awards of service connection for loss of use of the bilateral lower legs and loss of bladder control.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for erectile dysfunction, loss of bowel control, and loss of bladder control as they were not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instances of fault on the part of VA.
- Granted
The Veteran's left and right lower extremity radiculopathies, sciatic nerve, are each granted a 40 percent rating.,Service connection for loss of bladder control and loss of bowel control is granted as secondary to service-connected low back disability and gastritis with irritable bowel syndrome.
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