The Veteran's claim for an initial increased rating in excess of 70 percent prior to September 12, 2017, for his service-connected anxiety disorder is dismissed as moot because he has been granted the maximum benefit allowed by law and regulation.
The deciding factor: The Veteran was granted a TDIU based on his single service-connected disability (anxiety disorder) with an effective date of February 27, 2004. As of this decision, he has been in receipt of a TDIU for the entire schedular rating period and there are no remaining claims on appeal or pending.
- Claimed conditions
- Anxiety Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- March 9, 2018
- Citation
- 1815229
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 1815229.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- Denied
The Board denied eligibility to attorney fees based on past-due benefits awarded in a March 2024 rating decision because the March 2024 rating decision was an initial decision granting service connection for anxiety disorder.
- Granted
The Veteran's TDIU claim is granted, and service connection for IBS as secondary to anxiety disorder is granted. Service connection for non-Hodgkin lymphoma is denied due to lack of presumptive basis. Service connection for CHF with bradycardia and pacemaker as secondary to hypertension is granted.
- Denied
The Veteran's service-connected major depression and anxiety disorder are considered part of his service-connected peripheral neuropathy, which already qualifies him for SMC(l). Therefore, he is not eligible for a higher rate of SMC.
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