The Veteran's claim for a rating in excess of 100 percent for essential thrombocythemia/myeloproliferative disorder (thrombocythemia) is dismissed as the maximum schedular rating has been assigned.,The Veteran's claim for an earlier effective date prior to August 15, 2019, for a 100 percent rating for thrombocythemia is denied because the increase in disability preceded the claim by more than one year.,The Veteran's claim for an earlier effective date prior to August 15, 2019, for eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 is denied as the criteria were not met prior to that date.
The deciding factor: The Veteran's thrombocythemia has been rated at its maximum schedular rating of 100 percent since August 15, 2019.,An increase in the Veteran's thrombocythemia symptomatology preceded his application for an increased rating by more than a year and thus, the effective date should be the date the claim was received (August 15, 2019).,The criteria for basic eligibility to DEA benefits were not met prior to August 15, 2019.
- Claimed conditions
- Essential Thrombocythemia/Myeloproliferative Disorder (Thrombocythemia), Sleep Condition, Acquired Psychiatric Disorder, to include Depression, Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 9, 2024
- Citation
- A24053999
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 A24053999.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
- Remanded (sent back)
The Veteran seeks an earlier effective date for a 30 percent disability rating for his service-connected headaches, which was awarded with a noncompensable rating at 0 percent. The Board is remanding the claim due to inadequate examination and the need for a new VA examination to evaluate the severity of the Veteran's headaches without considering the ameliorating effects of any medication.
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