The appeal regarding increased ratings for temporomandibular joint disease (TMJ) and residuals of traumatic brain injury (TBI) was dismissed, as the veteran elected a Direct Review docket after a higher-level review request. Service connection for avitaminosis was denied.
The deciding factor: The appeal was dismissed due to the veteran's election of the Direct Review docket after filing a Higher-Level Review request, and service connection for avitaminosis was denied because it is not considered a disability for VA purposes.
- Claimed conditions
- Avitaminosis, Meniere's disease, Residuals of Traumatic Brain Injury (TBI), TMJ
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 7, 2025
- Citation
- A25021243
Veterans Law Judge
Decisions by this judge: 709 · Granted: 38% (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 A25021243.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Veteran's appeal is remanded for further development, including obtaining records from the Lancaster Vet Center and private mental health professionals.
- Granted
The Board has restored the Veteran's disability rating for PTSD and TBI residuals from 70% to 70%, effective October 28, 2020. The reduction was improper due to a lack of evidence demonstrating improvement in the Veteran's condition.
- Denied
The Veteran's PTSD with major depressive disorder and TBI residuals are currently rated at 70 percent, effective February 14, 2019. The appeal for a higher rating is denied.
- Dismissed
The Board dismissed all appeals for service connection and increased rating claims due to untimely Notice of Disagreement submissions.
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