The appeal for compensation under 38 U.S.C. § 1151 for a psychiatric disorder, other than PTSD, is dismissed because the Veteran's service-connected PTSD with depression already provides him with the greater benefit of compensation.
The deciding factor: The Veteran's claim for additional compensation under 38 U.S.C. § 1151 was rendered moot by his already granted service connection and rating for PTSD with depression.
- Claimed conditions
- PTSD with insomnia, PTSD with depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2024
- Citation
- A24073648
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The appeal for an earlier effective date for the award of a 100 percent rating for PTSD with insomnia was dismissed due to a procedural defect.
- Denied
The Board denied entitlement to earlier effective dates for a TDIU and DEA benefits, as the evidence did not show that the Veteran was unable to secure or follow a substantially gainful occupation prior to May 28, 2010.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as there was insufficient evidence to establish that his service-connected conditions rendered him unable to secure and follow a substantially gainful occupation.
- Remanded (sent back)
The Board remands the case to schedule a VA examination for the Veteran's PTSD with depression as there is uncertainty regarding whether she received proper notice of an exam and/or if it was rescheduled after she indicated unavailability.
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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.