The Veteran's TDIU claim is dismissed as moot due to the concurrent assignment of a 100 percent rating for service-connected disabilities and SMC benefits. The SMC based on need for regular aid and attendance claim is denied as the evidence does not show that the Veteran requires regular aid and assistance.
The deciding factor: The Veteran's service-connected conditions do not render him unable to care for his daily personal needs or to protect himself against hazards in his environment, despite functional limitations due to his disabilities.
- Claimed conditions
- anxiety/depression, diabetic nephropathy, hypertrophy associated with type 2 diabetes mellitus, right and left lower extremity peripheral neuropathy (sciatic nerve), right and left upper extremity peripheral neuropathy, type 2 diabetes mellitus, residuals of a scar associated with diabetic nephropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2021
- Citation
- 21069380
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 21069380.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board has granted the Veteran's claims for earlier effective dates for service connection of coronary artery disease, diabetes mellitus type II, diabetic nephropathy, and prostate cancer. The issues of entitlement to special monthly compensation based on housebound status and eligibility for Dependents' Educational Assistance (DEA) are remanded.
- Granted
The Veteran's service-connected disabilities prevented him from securing and following substantial gainful employment, leading to a grant of TDIU.
- Remanded (sent back)
The Board has determined that a remand is necessary to clarify the dates of bilateral partial foot amputations and their relationship to service-connected diabetes. The AOJ will obtain pertinent private treatment records to determine these details.
- Granted
The Veteran's service-connected disabilities prevented him from securing and following substantial gainful employment, leading to a grant of TDIU.
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