Dismissed
The appeal of the May 2020 rating decision that increased the rating for migraine and tension headaches to 50 percent, effective February 27, 2020, and continued a prior 70 percent rating for PTSD and major depressive disorder with TBI is dismissed due to procedural errors.
The deciding factor: The filing of the supplemental claim violated the prohibition on concurrent elections set out at 38 C.F.R. § 3.2500(b).
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2024
- Citation
- A24068589
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.