The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to his failure to submit an updated VA Form 21-8940 within one year of the VA's July 2020 request, which was sent to his current address of record.
The deciding factor: The Veteran failed to provide necessary information in the form of a completed VA Form 21-8940 as requested by VA, leading to the dismissal of his appeal for TDIU.
- Claimed conditions
- residuals of right knee anterior cruciate ligament reconstruction, residuals of cold weather injury of third and fourth fingertips of right hand, residuals of cold injury to third and fourth and fifth fingertips of left hand, Achilles tendonitis of right ankle, Achilles tendonitis of left ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2021
- Citation
- 21064298
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 21064298.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 insufficient evidence regarding the Veteran's ability to work due to his service-connected disabilities. The Veteran needs to provide a VA-Form 21-8940 and undergo an addendum examination.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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