The Veteran's appeal for a TDIU is dismissed as moot because he is already receiving a combined 100 percent schedular rating for his service-connected disabilities.
The deciding factor: The Veteran has a combined 100 percent schedular rating for all of his service-connected disabilities, which renders the issue of TDIU moot.
- Claimed conditions
- Posttraumatic stress disorder, Major depressive disorder, Lumbar strain, Impairment of extension of the thigh due to right hip strain, Impairment of flexion of the right thigh, Left ankle degenerative joint disease with distal tibial exostosis, Hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2019
- Citation
- 19182308
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Granted
The Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.