The Board dismissed the appeal for an effective date prior to August 29, 2014, for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) as there was no justiciable case or controversy.
The deciding factor: There is no issue of controversy over which the Board may exercise jurisdiction given that the record does not show any finding that could reasonably substantiate an effective date prior to August 29, 2014.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2021
- Citation
- 21062635
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.