The Veteran's claim for a TDIU was dismissed as moot because he has been in receipt of a total (100 percent) disability rating since February 26, 2016.
The deciding factor: The Veteran is currently receiving a total (100%) disability rating due to multiple service-connected disabilities and therefore does not meet the criteria for a TDIU based on one single disability.
- Claimed conditions
- major depressive disorder, obstructive sleep apnea, migraine headaches, lumbosacral sprain/strain, right lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (sciatic nerve), right upper extremity radiculopathy, left upper extremity radiculopathy, cervical degenerative disc disease, right lower extremity radiculopathy (femoral nerve), left lower extremity radiculopathy (femoral nerve), hypertension, tinnitus, umbilical hernia repair scar, right shin splints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- May 6, 2023
- Citation
- 23026616
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 23026616.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Denied
The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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