The appeal was dismissed due to the Veteran's death while it was pending before the Board of Veterans' Appeals.
The deciding factor: The appeal was dismissed as a matter of law due to the Veteran's death during the pendency of the appeal, and no eligible substitute has been requested within one year of his death.
- Claimed conditions
- Peripheral neuropathy of the right upper extremity, Peripheral neuropathy of the left upper extremity, Peripheral neuropathy of the right lower extremity, Peripheral neuropathy of the left lower extremity, Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2025
- Citation
- 25001263
Veterans Law Judge
Decisions by this judge: 1,911 · Granted: 10% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 25001263.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Granted
The Veteran's claim for an initial 70 percent rating for service-connected peripheral neuropathy of the right upper extremity is granted. The Board also remanded the issue of entitlement to SMC based on a need for aid and attendance.
- Granted
The Board has granted service connection for peripheral neuropathy of the upper extremities and remanded the issue of esophageal cancer.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
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