The Veteran's claim for a total disability rating based on individual unemployability (TDIU) has been dismissed due to the Veteran's failure to submit an updated application form. The Board also remanded other issues related to increased ratings for various knee and ankle disabilities.
The deciding factor: The Veteran did not provide necessary information regarding employment history, leading to the dismissal of the TDIU claim.
- Claimed conditions
- Right Knee Instability and Subluxation, Right Knee Patella Femoral Pain Syndrome with Degenerative Joint Disease, Left Knee Patella Femoral Pain Syndrome with Degenerative Joint Disease, Left Ankle Achilles Tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2023
- Citation
- 23026533
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 23026533.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has decided to remand the claims for increased ratings for various knee disabilities and entitlement to special monthly compensation (SMC) due to the need for regular aid and attendance. The Veteran needs additional VA examinations to determine the severity of her service-connected knee disabilities, including whether she requires assistance with daily activities.
- Partly granted
The Board denied increased ratings for PTSD, left ankle achilles tendonitis, and right knee disabilities but granted a total disability evaluation based on individual unemployability (TDIU) prior to July 21, 2020.
- Granted
The Board has granted a TDIU based on the Veteran's service-connected bilateral knee disabilities and IBS, which have rendered her unable to secure or follow substantially gainful employment.
- Remanded (sent back)
The Veteran's appeal is remanded for further development, including obtaining an addendum VA opinion and scheduling a VA examination. The issues include entitlement to SMC based on the need for aid and attendance of another person and/or other SMC, as well as initial increased ratings for his right knee disabilities.
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.