The Board dismissed the Veteran's appeals regarding compensation under 38 U.S.C. § 1151 for hernia and vocational rehabilitation problems, as well as his claim for an earlier effective date for a 100% increased disability rating for major depressive disorder.
The deciding factor: The Veteran withdrew his appeal of the hernia and vocational rehabilitation issues prior to the Board's decision being promulgated. The Board found that there was no factual basis to grant an earlier effective date for the 100% increased disability rating for major depressive disorder as the evidence did not show total occupational and social impairment within a year prior to his claim.
- Claimed conditions
- Hernia, Vocational Rehabilitation Problems
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 24, 2021
- Citation
- 21031832
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 21031832.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has remanded the case due to procedural issues and a need for further development, including scheduling a VA examination.
- Denied
The Board denied the Veteran's claim for VR&E services as his vocational goal of becoming a scuba instructor was not reasonably feasible due to his service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for hernia is being remanded due to the submission of new evidence that tends to prove or disprove a matter at issue in the claim.
- Denied
The Veteran's service-connected PTSD, combined with other disabilities, does not meet the criteria for SMC based on aid and attendance or housebound status.
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