The Veteran's TDIU claim for the period from January 5, 2007, to February 28, 2007, is dismissed as moot due to the assignment of a combined 100 percent evaluation and SMC at the rate under 38 U.S.C. § 1114(s).
The deciding factor: The Veteran has already been awarded a combined 100 percent schedular evaluation for his service-connected disabilities, which includes SMC at the rate under 38 U.S.C. § 1114(s) during this period.
- Claimed conditions
- osteoarthritis of the right knee, cervical degenerative disc disease status post fusion, left dominant shoulder supraspinatus tendinopathy and acromioclavicular (AC) joint osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 21, 2023
- Citation
- 23023452
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 23023452.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 withdrew his appeal regarding the rating reductions for lateral instability of the right knee and osteoarthritis of the right knee, so these issues are dismissed.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's claims, including service connection for various conditions and a higher disability rating for chronic scalp folliculitis. The AOJ is instructed to obtain additional medical records and conduct further examinations as needed.
- Granted
The Board has granted service connection for osteoarthritis of the right knee, finding that it is at least as likely as not related to the Veteran's military service.
- Denied
The Board denied service connection for sleep apnea, osteoarthritis of the left knee, and osteoarthritis of the right knee as there was no credible evidence to support an in-service incurrence or aggravation of any of these conditions.
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