The Veteran's appeal for an earlier effective date for the evaluation of their lumbar spine condition has been dismissed because they passed away during the appeal process.
The deciding factor: The Veteran died while their case was pending before the Board, leading to dismissal due to lack of a living claimant.
- Claimed conditions
- status post lumbar laminectomy, lumbar strain with residuals of fractured vertebrae lumbar, L3 transverse process with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 13, 2024
- Citation
- A24056064
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 A24056064.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeals for an earlier effective date and service connection were dismissed due to concurrent elections under the Veterans Appeals Improvement and Modernization Act of 2017.
- Dismissed
The Veteran's appeal for a higher rating for his service-connected thoracic and lumbar scoliosis, thoracolumbar degenerative disc disease, and status post lumbar laminectomy has been dismissed because the Veteran withdrew his appeal.
- Remanded (sent back)
The Veteran's service-connected disabilities render him unemployable, but further development is needed to determine his employment status and the impact of these conditions on his ability to work.
- Denied
The Board denied service connection for bilateral hearing loss and status post lumbar laminectomy, finding that the Veteran's preexisting back condition did not increase in severity during active duty.
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