The Veteran's appeal for Total Disability based on Individual Unemployability (TDIU) is dismissed as he has already been awarded SMC due to his service-connected brain tumor and other disabilities combined to a 60% rating.
The deciding factor: The Veteran was already receiving SMC based on the 100% evaluation for a brain tumor and separate evaluations combining to 60% for his remaining service connected disabilities, making TDIU no longer necessary or relevant.
- Claimed conditions
- cervical spine disability, right ankle disability, residuals of a fracture of the foot with traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 28, 2017
- Citation
- 1754344
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 1754344.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 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.
- 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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for left, right ankle disabilities, left and right hip disabilities, left and right shin splints, and left and right knee disabilities due to inadequate nexus opinions in the VA examination reports. The Veteran contends that her current disabilities are related to injuries sustained during basic training.
- Remanded (sent back)
The Board has decided to remand the claims for service connection for cervical and thoracolumbar spine disabilities due to a predecisional duty to assist error. The Veteran's past medical history needs to be considered in the new examination.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.