The Veteran's appeal for TDIU on an extraschedular basis under 38 C.F.R. § 4.16(b) before July 31, 2014 was dismissed due to the procedural error of granting a TDIU while the issue was in appellate status.
The deciding factor: The AOJ granted a TDIU while the issue of entitlement to a TDIU on an extraschedular basis under 38 C.F.R. § 4.16(b) before July 31, 2014 was still pending and in appellate status.
- Claimed conditions
- Depressive Disorder, Fibromyalgia, Right Shoulder Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2019
- Citation
- A19001747
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remands the claims for further development, including obtaining additional medical opinions to address the nature and etiology of the Veteran's claimed conditions.
- Denied
The Board denied service connection for multiple conditions, including PTSD, IBS, cardiac arrhythmia, CFS, chronic headaches, chronic sinusitis, dyspnea, and fibromyalgia. The claim for bilateral pes planus was remanded.
- Partly granted
The Board granted an initial increased rating of 50 percent for the Veteran's acquired psychiatric disability from March 8, 2010, to May 19, 2014, and denied a higher rating thereafter.
- Partly granted
The Board granted a 100 percent disability rating for PTSD and denied an earlier effective date. The claims for service connection for various conditions were remanded.
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