The Veteran's claim for a TDIU is moot as he has been granted a 100% schedular rating and special monthly compensation under 38 U.S.C.A. § 1114(s). The appeal of the psychiatric disorder claims is also dismissed as they are encompassed within his now service-connected psychiatric disorder.
The deciding factor: The Veteran's claim for TDIU was granted based on a 100% schedular rating, which moots any need for a separate TDIU rating. His psychiatric disorders are already covered by the 100% schedular rating.
- Claimed conditions
- migraine headaches, degenerative joint disease of the right knee, limitation of extension of the right knee, acquired psychiatric disorder (including a nervous condition, alcohol dependency, bipolar disorder and PTSD), degenerative joint disease of the hands and neck, muscle spasms of the neck, arms, back, fingers, toes, and legs, peripheral and polyneuropathy, tumor over nerve in brain, hearing loss, hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- July 17, 2013
- Citation
- 1322807
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 1322807.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
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