The appeal for a higher rating for the Veteran's service-connected back conditions is dismissed without prejudice due to his death.
The deciding factor: The Veteran died during the pendency of the appeal, and appellants' claims do not survive their deaths.
- Claimed conditions
- ankylosing spondylosis, spinal fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 5, 2024
- Citation
- A24053226
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 A24053226.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's appeal for service connection regarding cervical strain with IVDS, spinal fusion, and spinal stenosis was dismissed because the Veteran died during the pendency of the appeal.
- Granted
The Veteran's low back disability, neck disability, and left knee condition are all granted as service connected.,Right lower extremity radiculopathy, left lower extremity radiculopathy, right upper extremity radiculopathy, and left upper extremity radiculopathy are also granted as secondary to the Veteran's service-connected disabilities.
- Remanded (sent back)
The Board has remanded the case due to errors in providing a statement of reasons and bases for its decision, specifically regarding the August 2022 VA examination that did not provide range of motion findings. The Veteran's medications are also being considered.
- Granted
The Board has granted the Veteran's claim for service connection for lumbar degenerative arthritis of the spine, spinal fusion, spinal stenosis, and DDD including as secondary to his service-connected pes planus. The decision is based on a finding that the Veteran's current back disability is 'but-for' caused by his service-connected foot disability.
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