The Veteran's claim for service connection for obesity is dismissed as a matter of law. The Board also granted a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected disabilities.
The deciding factor: Obesity was not considered a disease or injury for purposes of VA disability compensation, and therefore may not be service connected on a direct basis.
- Claimed conditions
- Obesity, Posttraumatic stress disorder (PTSD), Intervertebral disc syndrome status post lumbar laminectomy, Instability, right knee anterior cruciate ligament reconstruction surgery with scar, Limitation of motion, right knee anterior cruciate ligament reconstruction surgery, Tinnitus, Painful scars, right wrist and back, Radiculopathy, left lower extremity femoral nerve associated with intervertebral disc syndrome status post lumbar laminectomy, Radiculopathy, right lower extremity femoral nerve associated with intervertebral disc syndrome status post lumbar laminectomy, Back scar, status post laminectomy associated with intervertebral disc syndrome status post lumbar laminectomy, Scar, status post excision of ganglion cyst dorsum right wrist, Linear right knee scars associated with limitation of motion, right knee anterior cruciate ligament reconstruction surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- November 13, 2024
- Citation
- A24074198
Veterans Law Judge
Decisions by this judge: 1,455 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24074198.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.