The Veteran's TDIU has been granted and is still in effect. The AOJ proposed to terminate the award, but as of now, it remains intact.
The deciding factor: The proposal to terminate TDIU was based on a jurisdictional issue rather than a determination that the Veteran can obtain and retain substantially gainful employment.
- Claimed conditions
- unknown
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2019
- Citation
- 19124689
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 determined that the procedural error in placing the Veteran's appeal on the AMA Hearing Docket is not jurisdictional and waives its use. The matter is now REMANDED for issuance of a Statement of the Case on the timeliness issue.
- Remanded (sent back)
The Board has decided to remand the case due to non-compliance with previous remands and insufficient consideration of new evidence. The claim for nonservice-connected pension will be reconsidered.
- Remanded (sent back)
The Veteran's appeal is being remanded to address his challenge to the validity of the overpayment amount and his claim for apportionment of benefits. The Board cannot proceed with these issues until they are resolved.
- Dismissed
The Veteran withdrew their appeal, and the Board dismissed it due to the withdrawal.
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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.