The appeal for a total disability rating based on individual unemployability (TDIU) is dismissed as moot because the Veteran is already receiving TDIU effective January 9, 2017.
The deciding factor: The Board determined that the issue of TDIU was already being addressed and granted prior to the period in question, making further consideration unnecessary.
- Claimed conditions
- Peripheral neuropathy of the lower extremities
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2024
- Citation
- A24068798
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeal for service connection for bilateral hearing loss was denied, while the appeals for diabetes mellitus, type II, and peripheral neuropathy of both upper and lower extremities were remanded.
- Partly granted
The Board denied service connection for diabetes mellitus and peripheral neuropathy of the lower extremities, but granted a total disability rating based on individual unemployability due to service-connected disabilities from July 1, 2011.
- Granted
The Board has determined that the Veteran's peripheral neuropathy of the lower extremities is aggravated by his service-connected diabetes mellitus type II, and thus grants service connection for this condition. The Veteran does not have an immune deficiency syndrome or fibromyalgia as claimed.
- Granted
The Veteran's service-connected type 2 diabetes mellitus caused peripheral neuropathy of the lower extremities, which is granted for accrued benefits purposes. The Veteran also had residuals of a left cerebrovascular accident that resulted in ataxia and vertigo attacks more than once per week, leading to a 100% disability rating for accrued benefits.
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