The Veteran's PTSD is rated at 70 percent since January 29, 2010. The appeal for a higher rating was dismissed as the Veteran withdrew from appeal the issue of entitlement to an increased rating for residuals of injury of right foot with fusion of second and third toes at the metatarsophalangeal joints. A TDIU is granted effective August 24, 2011, but no earlier. The effective date for eligibility for Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 is also set to August 24, 2011.
The deciding factor: The Veteran withdrew from appeal the issue of increased rating for residuals of injury of right foot with fusion of second and third toes at the metatarsophalangeal joints, leaving only the issues related to PTSD and TDIU as active appeals.
- Claimed conditions
- residuals of injury of right foot, posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 26, 2023
- Citation
- A23029900
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 A23029900.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 case due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
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