The Veteran's claim for an increased rating for GAD was dismissed because he did not timely file a substantive appeal. The Board also granted the Veteran's TDIU claim, finding that his service-connected disabilities rendered him unable to secure or follow substantially gainful employment.
The deciding factor: The Veteran did not timely file a substantive appeal regarding his increased rating claim for GAD and filed a NOD instead of a VA Form 9. The Board found this constituted premature filing and dismissed the claim.
- Claimed conditions
- Generalized Anxiety Disorder (GAD), Supraventricular Tachycardia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 14, 2020
- Citation
- 20002881
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for an acquired psychiatric disorder including a generalized anxiety disorder as the evidence did not support a finding that such condition was incurred in or aggravated by active military service.
- Denied
The Board denied service connection for various conditions, including GAD, MDD, PTSD, bilateral hearing loss, tinnitus, and foot disabilities. The claim for NSC pension benefits was dismissed as moot due to a higher disability rating.
- Partly granted
The Board granted an initial increased rating of 50 percent for the Veteran's acquired psychiatric disability from March 8, 2010, to May 19, 2014, and denied a higher rating thereafter.
- Granted
The Board granted service connection for an acquired psychiatric disorder, including GAD, MDD, unspecified depressive disorder, and panic disorder.
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