The appeal for entitlement to a TDIU beginning on or after April 16, 2019 is dismissed due to the Veteran's receipt of a 100% disability rating for dysthymic disorder and special monthly compensation (SMC) under the provisions of 38 U.S.C. § 1114 (s).
The deciding factor: The Veteran has been in receipt of a 100 percent disability rating for his service-connected dysthymic disorder effective April 16, 2019, and he has also been in receipt of SMC under the provisions of 38 U.S.C. § 1114 (s) effective from April 16, 2019.
- Claimed conditions
- dysthymic disorder, degenerative disc disease of L5-S1, L1-2, and L2-3
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2019
- Citation
- 19177004
Veterans Law Judge
Decisions by this judge: 2,374 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19177004.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran withdrew their appeal for service connection of an acquired psychiatric disorder.
- Granted
The Veteran's dysthymic disorder disability was productive of total social and occupational impairment throughout the claim period, warranting a 100 percent disability rating.
- Remanded (sent back)
The Veteran's claims for higher initial ratings for fibromyalgia and psychiatric disabilities, as well as his entitlement to a total disability rating based on individual unemployability (TDIU), are being remanded due to the need for additional VA examinations.
- Granted
The Veteran's service-connected dysthymic disorder, anxiety disorder, borderline intellectual functioning, and dyslexia have prevented him from securing or following a substantially gainful occupation.
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