The Board dismissed the appeal as it did not address the issue of a higher level of special monthly compensation (SMC). The February 2024 AOJ decision only addressed an increased rating for residuals of a TBI, and the Veteran's notice of disagreement was clear in identifying this.
The deciding factor: The Veteran's notice of disagreement was clear in identifying that the February 2024 AOJ decision did not address the issue of higher level SMC.
- Claimed conditions
- Traumatic Brain Injury with PTSD, Loss of use of both feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2024
- Citation
- A24026519
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 A24026519.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claims for a higher level of SMC and SMC based on loss of use of the lower extremities due to duty-to-assist errors, lack of sufficient medical evidence, and inextricably intertwined issues.
- Granted
The Veteran is granted an effective date of June 26, 2015 for the award of service connection and SMC based on loss of use of both feet.
- Granted
The Veteran's SMC was granted at the intermediate level between 38 U.S.C. § 1114(m) and (n) due to additional disabilities including peripheral neuropathies, tinnitus, hearing loss, and lymphoma.
- Granted
The Board has granted effective dates of February 11, 2020 for service connection of loss of use of both hands and feet as secondary to the Veteran's service-connected Parkinson's disease.
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