The Veteran's TDIU claim is dismissed because he has been rated at 100% for his service-connected disabilities and does not have additional disabilities separately rated at 60% or more.
The deciding factor: The Veteran was granted a 100% disability rating for persistent depressive disorder, which rendered him eligible for TDIU. However, he has other disabilities that do not meet the criteria for TDIU (combined rating of 50%).
- Claimed conditions
- persistent depressive disorder, left ear chronic suppurative otitis media and perforation of the left tympanic membrane with eustachian tube dysfunction, right ear chronic nonsuppurative otitis media and perforation of the right tympanic membrane with eustachian tube dysfunction, bilateral tinnitus, migraine with tension headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 30, 2022
- Citation
- 22066760
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 22066760.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran's service connection for other specified trauma and stressor-related disorder with persistent depressive disorder, anxious distress, and pure dysthymic syndrome was granted. The appeal for PTSD is dismissed as moot because the issue has been rendered irrelevant by the grant of service connection in another appeal stream.
- Remanded (sent back)
The Board has remanded the claims for service connection for left toe amputation, triple bypass surgery, blockage in legs, and bilateral tinnitus due to procedural errors and the need for additional medical opinions regarding potential exposure to toxins during service.
- Granted
The Board has determined that the Veteran's persistent depressive disorder, moderate with anxious distress and panic attacks is related to his service in the Republic of Vietnam. The decision grants service connection for this condition.
- Granted
The Veteran's obstructive sleep apnea is granted as secondary to his service-connected major depressive disorder.,The Veteran's bilateral tinnitus is granted based on in-service noise exposure and current diagnosis.,The Veteran's Non-Hodgkin lymphoma is granted due to presumptive service connection for exposure at Fort McClellan, Alabama.,The Veteran's status post total shoulder replacement, to include degenerative arthritis, is granted as incurred in service.,The Veteran's scar, residual right shoulder surgery, is granted as it is related to his now service-connected status post total shoulder replacement.
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