The Board dismissed the appeals for increased evaluations and TDIU prior to December 31, 2013, as there was no longer a case or controversy with respect to these issues. The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to that date.
The deciding factor: The Veteran’s service-connected disabilities were considered insufficient to meet the schedular criteria for TDIU, and his ability to work was affected by pain and functional limitations related to his lumbar spine disability and other medical problems.
- Claimed conditions
- Postoperative lumbar intervertebral disc syndrome, Left lower extremity sciatic neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2020
- Citation
- 20007658
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for left lower extremity femoral neuropathy, right lower extremity femoral neuropathy, left lower extremity sciatic neuropathy, right lower extremity sciatic neuropathy, irritable bowel syndrome (IBS), and dermatitis. The claim for a rating in excess of 30 percent for posttraumatic stress disorder (PTSD) was denied.
- 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 a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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