The appeals for service connection for various conditions were dismissed due to the lack of a formal substitution determination by the Regional Office after the Veteran's death.
The deciding factor: The AOJ has not made an initial substitution eligibility determination, and therefore, the Board cannot adjudicate the merits of the appeals at this time.
- Claimed conditions
- right knee condition, left ankle condition, left foot condition, right ankle condition, right foot condition
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2024
- Citation
- A24069666
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the claims for service connection for right foot, left elbow, left hip, left ankle, and diabetes mellitus to obtain additional medical evidence.
- Dismissed
The Veteran's appeals for service connection were dismissed due to untimely filing of the Board Appeal requests.
- Denied
The Board denied service connection for various conditions, including left foot condition, right foot condition, cellulitis, right ear hearing loss, and right lower extremity radiculopathy. The appeal of the proposal to reduce a 40 percent evaluation for lumbosacral strain was dismissed.
- Partly granted
The Board granted service connection for right and left knee conditions, denied a rating in excess of 40 percent for right lower extremity sciatic radiculopathy, and denied special monthly compensation based on loss of use of a lower extremity.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.