The appeal for entitlement to a TDIU beginning on or after April 16, 2019 is dismissed as the Veteran has been in receipt of a 100 percent disability rating for his service-connected dysthymic disorder effective that date and he has also been in receipt of special monthly compensation (SMC) under the provisions of 38 U.S.C. § 1114 (s).
The deciding factor: The Veteran's TDIU claim is moot as he is already receiving a 100 percent disability rating for his dysthymic disorder, which is the maximum benefit available.
- 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
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's service-connected dysthymic disorder, anxiety disorder, borderline intellectual functioning, and dyslexia have prevented him from securing or following a substantially gainful occupation.
- Partly granted
The Board granted an increased rating of 70 percent for dysthymic disorder and a total rating based on individual unemployability due to service-connected disability, effective July 31, 2008.
- Denied
The Board denied the Veteran's request for an earlier effective date of August 1, 1989 or November 1, 2011 for his service-connected dysthymic disorder.
- Granted
The Veteran's service-connected dysthymic disorder has been found to prevent him from obtaining or retaining substantially gainful employment, and a total disability rating based on individual unemployability (TDIU) is granted.
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