The Veteran's appeal for an increased rating for his right shoulder sprain was dismissed. The Board granted a TDIU effective February 11, 2008, due to the severity of his service-connected disabilities.
The deciding factor: The Veteran’s cognitive disorder with bipolar disorder and traumatic brain injury (TBI), right shoulder sprain, degenerative disc disease of the lumbar spine, and migraine headaches rendered him unable to maintain substantially gainful employment.
- Claimed conditions
- Right shoulder sprain, Cognitive disorder with bipolar disorder and traumatic brain injury (TBI), Degenerative disc disease of the lumbar spine, Migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 31, 2019
- Citation
- 19107583
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted earlier effective dates of November 5, 2021, for the grants of service connection and eligibility for DEA benefits.
- Partly granted
The Board granted service connection for posttraumatic stress disorder (PTSD) and migraine headaches, but remanded the claims for a low back disability and related radiculopathies.
- Denied
The Board denied the claims for service connection for a facial injury, head injury, and left thumb injury as there was no evidence of current disability or functional impairment. The claims for GERD, squamous mucosa, migraine headaches, and hypertension were remanded for further development.
- Dismissed
The Board dismissed the appeal for failure to timely file a Notice of Disagreement (NOD) with the July 2024 rating decision.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.