The appeal for an increased rating for persistent depressive disorder was dismissed due to a procedural defect involving concurrent election of review options.
The deciding factor: The decision was based on the prohibition against concurrent election under 38 C.F.R. § 3.2500(b).
- Claimed conditions
- persistent depressive disorder with anxious distress
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2025
- Citation
- A25101386
Veterans Law Judge
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 A25101386.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claims for an initial evaluation in excess of 30 percent for persistent depressive disorder with anxious distress and service connection for ulcerative colitis are being remanded due to the failure to obtain relevant medical records.
- Granted
The Veteran's appeal is granted for an effective date of September 27, 2021, but the claim for a higher initial rating remains denied.
- Granted
The Veteran is granted a higher level of special monthly compensation (SMC) based on the need for regular aid and attendance at the rate provided by 38 U.S.C. 1114(r)(1), due to his service-connected stable angina, persistent depressive disorder with anxious distress, and Alzheimer's disease associated with diabetes mellitus type II.
- Granted
An effective date of October 11, 2023, and no earlier, for an increased 30 percent disability rating for service-connected migraine headaches is granted.,An effective date prior to October 11, 2023, for the award of service connection for persistent depressive disorder with anxious distress is denied.
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