The appeal for the issue of entitlement to TDIU is dismissed as the Veteran has already been awarded a 100 percent schedular evaluation and special monthly compensation.
The deciding factor: The TDIU claim is moot because the Veteran's combined 100 percent evaluation and SMC at the rate under 38 U.S.C. � 1114 (s) render a TDIU evaluation unnecessary.
- Claimed conditions
- Low back disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001617
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remands the claim for a low back disorder to correct duty to assist errors, as the previous VA examinations and opinions are inadequate.
- Remanded (sent back)
The Board remands the claims for service connection for hearing loss, psychiatric disorder, neck disorder, and radiculopathy of both upper and lower extremities to correct duty-to-assist errors.
- Remanded (sent back)
The Board remands the issues of a disability rating for a low back disorder and entitlement to TDIU due to non-compliance with previous remand directives.
- Granted
The Board granted service connection for a low back disorder, radiculopathy of the left lower extremity on a secondary basis, and radiculopathy of the right lower extremity on a secondary basis.
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