The Veteran's claim for TDIU is dismissed as moot because he is already receiving a 100% rating for his service-connected bilateral progressive cone dystrophy and has other disabilities rated at 100%, making him eligible for SMC. An award of TDIU would not provide additional benefits.
The deciding factor: The Veteran's claim for TDIU was moot because he is already receiving a 100% rating for his service-connected bilateral progressive cone dystrophy and has other disabilities rated at 100%, making him eligible for SMC. An award of TDIU would not provide additional benefits.
- Claimed conditions
- bilateral progressive cone dystrophy, major depressive disorder, obstructive sleep apnea, migraine headaches, bilateral pes planus, cervical spine condition, lumbar spine condition, tinnitus, flexor tendinitis of the left hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- December 9, 2019
- Citation
- 19192199
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 19192199.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
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