The Board has dismissed the legacy appeal for entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) because the issue is no longer before the Board under the legacy appeals system.
The deciding factor: The jurisdiction over the TDIU claim was taken by the Board solely under Rice in relation to the increased rating of Major Depressive Disorder, and as such, the jurisdictional foundation for the TDIU issue no longer exists due to the dismissal of the underlying increased rating issue.
- Claimed conditions
- Major Depressive Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2023
- Citation
- 23006869
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 23006869.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
- Remanded (sent back)
The Veteran's claims for an increased rating for PTSD and TDIU are being remanded due to the need for additional development, including a new VA examination.
- Granted
The Board has determined that the Veteran's erectile dysfunction is secondary to his service-connected major depressive disorder, and thus grants service connection for this condition.
- Remanded (sent back)
The Veteran's claim for a 70 percent disability rating for his psychiatric disorder, including PTSD with MDD and anxiety, has been granted. However, the issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) is remanded due to procedural issues.
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