The appeal for service connection for major depressive disorder with anxious distress and anxiety with insomnia was dismissed due to a concurrent election prohibited by law. The proposed finding of incompetency was also dismissed as no decision on that issue was issued.
The deciding factor: The Veteran's appeal was dismissed because it constituted a concurrent election prohibited by 38 C.F.R. § 3.2500(b).
- Claimed conditions
- Major depressive disorder with anxious distress, Anxiety with insomnia, Chronic headache disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2024
- Citation
- A24065693
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Veteran was granted a 100 percent rating for his service-connected major depressive disorder with anxious distress, an effective date of January 2, 2024, for Dependents' Educational Assistance (DEA), and Special monthly compensation (SMC) at the housebound rate from the same date. The appeal seeking entitlement to a total disability rating for individual unemployability (TDIU) was dismissed.
- Remanded (sent back)
The Board remands the issues of an increased rating for PTSD and entitlement to TDIU due to insufficient evidence regarding the Veteran's social and occupational history.
- Dismissed
The appeal for an earlier effective date was dismissed due to a procedural defect in the Veteran's election of administrative review options.
- Denied
The Board denied an increased rating in excess of 70 percent for generalized anxiety disorder and major depressive disorder with anxious distress, finding the severity, frequency, and duration of the Veteran's symptoms more closely approximated a 70 percent rating.
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