The Veteran's appeal for Total Disability Rating Based on Individual Unemployability (TDIU) has been dismissed. The Board also remanded the cases regarding his right knee, left knee, lumbar strain, and lower extremity radiculopathy disabilities.
The deciding factor: The Veteran withdrew his appeal for TDIU in May 2020, which was explicitly stated by him and understood with full consequences.
- Claimed conditions
- Right Knee, Left Knee, Lumbar Strain, Left Lower Extremity Radiculopathy, Sciatic Nerve, Left Lower Extremity Radiculopathy, Femoral Nerve, Major Depressive Disorder (MDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 26, 2023
- Citation
- 23067521
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 23067521.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Granted
The Veteran's Major Depressive Disorder (MDD) is found to have begun during their active duty service and continues to this day, meeting the criteria for service connection.
- Denied
The Veteran's acquired psychiatric disorder with TBI is rated at 70 percent, but the appeal for a higher rating is denied.
- Denied
The Veteran's claim for a higher disability rating for her service-connected MDD with PTSD was denied. The evidence did not show total occupational and social impairment, despite the Veteran maintaining full-time employment.
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