The Board dismissed the issue of TDIU from August 3, 2015 to December 3, 2015 as moot due to a previous grant. The Veteran was granted SMC under 38 U.S.C. § 1114(s) at the housebound rate for his service-connected disabilities starting February 3, 2020.
The deciding factor: The Board found that the Veteran's physical disabilities alone met the criteria for a schedular TDIU and eligibility for SMC under 38 U.S.C. § 1114(s) at the housebound rate due to his service-connected physical disabilities, which exceeded 70% combined with another disability rated as 60% or higher.
- Claimed conditions
- Obstructive sleep apnea, Right lower extremity amputation, Lumbar strain, Tinnitus, Left hip strain, Aktinic keratosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- April 12, 2023
- Citation
- 23022169
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 23022169.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Granted
The Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.