The Veteran's appeal has been dismissed due to his death during the pendency of the appeal. The Board cannot issue a decision on the underlying claims and must dismiss this appeal for lack of jurisdiction at this time.
The deciding factor: The Veteran died in March 2023, which resulted in the dismissal of the appeal due to lack of jurisdiction.
- Claimed conditions
- residuals, right humerus fracture with open reduction and RMFB with scar, MG III, right clavicle fracture residuals, right femur fracture with open reduction scar and right thigh scar with RMFB, right ribs fracture post hemopneumothorax, no residuals, right knee ligamentous laxity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 2, 2024
- Citation
- A24079504
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 A24079504.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service-connected disabilities do not meet the criteria for special monthly compensation based on housebound status as he does not have a single disability rated at 100% and his disabilities are not so severe that they render him substantially confined to his residence.
- Denied
The Veteran's claim for special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114(s) is denied because he does not have a single service-connected disability rated as 100 percent disabling, and his disabilities do not meet the requirements of SMC under this section.
- Granted
The Veteran's SMC(l) was granted based on his service-connected prostate cancer, metastatic cancer of the back, ribs, and pelvis, and metastatic cancer of the lymphatic system. The Board found that he has additional disabilities independently ratable at 50 percent or more, including RUE peripheral neuropathy, diabetes with erectile dysfunction, LLE peripheral neuropathy, sciatic nerve, RLE peripheral neuropathy, femoral nerve, left knee arthritis, right knee arthritis, and right clavicle fracture residuals. The Veteran is now entitled to SMC(m 1/2) based on these additional disabilities.
- Denied
The Board denied service connection for various conditions, including psychological disabilities and physical injuries, as the evidence did not support a finding of current disability or a link to service.
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