The appeal for a higher rating for the left shoulder disability is dismissed.,The appeal for an earlier effective date for TDIU prior to February 3, 2017, is dismissed.,The appeal for eligibility for Dependents' Educational Assistance (DEA) benefits prior to February 3, 2017, is remanded.
The deciding factor: The Board lacks jurisdiction to consider the Veteran's legacy appeals on these issues due to the modernized appeals process under the Appeals Modernization Act.,The Board lacks jurisdiction to consider the earlier effective date for TDIU appeal as it would deprive the Veteran of due process under law.,An earlier effective date for DEA benefits is remanded because an award of an earlier effective date for TDIU could materially affect the Veteran's eligibility.
- Claimed conditions
- Left shoulder disability, Left ankle fracture with ORIF of lateral malleolus and left ankle degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 22, 2023
- Citation
- 23018105
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 23018105.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 TDIU claim for bilateral knee disabilities and his right and left knee scars have been granted. He is now rated at a combined 60% disability rating from June 1, 2018 based on bilateral factors for his bilateral knee disabilities.
- Dismissed
The Veteran's claims for service connection have been dismissed due to their death.
- Granted
The Board has granted service connection for Generalized Anxiety Disorder (GAD) with agoraphobia with panic attacks as directly related to military service.
- Remanded (sent back)
The Board has remanded the claims for service connection for various disabilities, including low back, left hip, right hip, left shoulder, and right shoulder disabilities. The VA examinations did not provide adequate opinions regarding the etiology of these conditions.
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