The appeal for an earlier effective date for the award of a TDIU was dismissed due to an impermissible concurrent election under 38 C.F.R. § 3.2500(b).
The deciding factor: The Veteran's submission of a Notice of Disagreement (VA Form 10182) on September 3, 2024, was considered an impermissible concurrent election with the higher-level review request submitted earlier.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2025
- Citation
- A25036106
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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.