The Veteran's appeal for a higher rating and TDIU prior to February 10, 2019 was dismissed due to the death of the Veteran. The Board has no jurisdiction to adjudicate these claims as the Veteran died during the pendency of the appeal.
The deciding factor: The Veteran died during the pendency of his appeal, which resulted in the dismissal of the case for lack of jurisdiction.
- Claimed conditions
- Degenerative arthritis of the lumbar spine with spinal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2023
- Citation
- 23068118
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 23068118.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claim for a rating in excess of 10 percent for degenerative arthritis of the lumbar spine with spinal stenosis was denied for the period from July 17, 2007 to April 3, 2017.
- Denied
The Veteran's claim for an increased rating for degenerative arthritis of the lumbar spine with spinal stenosis is denied as it does not meet the criteria for a higher rating.,The Veteran's claim for an increased rating for PTSD is denied as it does not meet the criteria for a 100% disability rating.
- Granted
The Veteran's claim for service connection for a back condition is being readjudicated due to new and relevant evidence submitted after the April 2018 rating decision. The issue of entitlement to service connection for his claimed back condition remains on appeal.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to readjudicate the claims for service connection for degenerative arthritis of the cervical spine with spinal stenosis and degenerative arthritis of the lumbar spine with spinal stenosis. The claims are being remanded due to a lack of contemporaneous medical records.
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