The Board has dismissed the Veteran's claim for a TDIU from December 19, 2005 as moot due to the grant of this benefit in September 2010. The case is remanded for referral of the increased ratings claims and TDIU prior to December 19, 2005 to the Under Secretary for Benefits or Director of Compensation and Pension Service.
The deciding factor: The Veteran's claim for a TDIU from December 19, 2005 is moot as this date coincides with the grant of this benefit in September 2010. The case is therefore remanded to determine if referral for an extraschedular rating is warranted.
- Claimed conditions
- lumbar spine disability, cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 24, 2012
- Citation
- 1225592
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. Read the original VA decision (opens in a new tab) using citation 1225592.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Whole decision: Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Whole decision: Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Whole decision: Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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