The Veteran's appeal for compensation under 38 U.S.C. §1151 for the left leg below-the-knee amputation was dismissed due to his death after the Court remanded the matter.
The deciding factor: The Veteran died after the Court remanded the case, and veterans' claims do not survive their deaths.
- Claimed conditions
- left leg below-the-knee amputation
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 21, 2024
- Citation
- 24008652
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 24008652.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's service-connected disabilities meet the schedular criteria for award of a TDIU, and entitlement to TDIU is granted from November 1, 2019.
- Remanded (sent back)
The Board has remanded the case due to inadequate VA medical opinion and incomplete VA treatment records. The Veteran is seeking compensation under 38 U.S.C. § 1151 for left leg below-the-knee amputation surgery, alleging that he contracted MRSA from another patient while rehabilitating at St. Cloud VAMC following a December 2013 surgery on his left leg.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining medical records related to a left leg amputation and providing VA examinations. The claims will be reconsidered after this additional development.
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