The Veteran's service-connected disabilities have resulted in a combined rating of 100 percent. As the Veteran does not meet the criteria for an award of special monthly compensation, as no disability is considered 100 percent disabling, plus an additional separate disability or disabilities combining to 60 percent disabling, his TDIU claim has been dismissed as moot.
The deciding factor: The Veteran's combined disability rating from December 22, 2015 was 100%, which rendered him eligible for special monthly compensation (SMC) under 38 U.S.C. § 1114(s). However, the Court held that a TDIU claim will not automatically be mooted if there is a schedular total rating for a single service-connected disability but could establish entitlement to a TDIU rating for another service-connected disability or disabilities in order to qualify for SMC under 38 U.S.C. § 1114(s). In this case, the Veteran's combined disability rating of 100% from December 22, 2015 renders his claim for a TDIU moot.
- Claimed conditions
- Major depressive disorder, Perianal fistulas and anal fissures associated with Chron's Disease, Degenerative arthritis of the lumbar spine, Arthralgia of the left hand, Arthritis of the left long finger (thumb), Arthritis of the left index finger, Arthralgia of the right hand, Arthritis of the right thumb, Arthralgia of the right long finger, Arthralgia of the right index finger, Arthralgia of the right knee, Arthralgia of the left knee, Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- July 25, 2023
- Citation
- 23040666
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 23040666.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Denied
The Veteran's service-connected major depressive disorder does not render him in need of regular aid and attendance or confined to his home, thus SMC based on housebound status and/or need for regular aid and attendance is denied.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Granted
The Board has granted service connection for the Veteran's acquired psychiatric disorder, including major depressive disorder, as secondary to his already service-connected hearing loss and tinnitus.
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