The appellant's claim for service connection for PTSD was denied due to lack of basic eligibility as his National Guard service during Hurricane Katrina relief operations was not federalized. The evaluation of peripheral neuropathy of the right upper extremity was also denied, with no increase in rating.
The deciding factor: The decision was based on the lack of qualifying active duty status for the appellant's participation in the Hurricane Katrina disaster relief operation as a state National Guard member under Title 32 U.S.C. and the failure to meet the criteria for an increased evaluation for peripheral neuropathy of the right upper extremity.
- Claimed conditions
- Post traumatic stress disorder (PTSD), Peripheral neuropathy, right upper extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 16, 2009
- Citation
- 0909670
Veterans Law Judge
Decisions by this judge: 2,480 · Granted: 26% (granted or partly granted, in the indexed decisions on this site)
Outcome labels are AI-extracted from each decision; spot checks have found mislabels, so treat percentages as approximate.
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. Search VA.gov for the original decision (opens in a new tab) using citation 0909670.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied service connection for peripheral neuropathy in both upper extremities and the TDIU claim prior to July 12, 2011. The Veteran's disabilities alone did not render him unemployable at that time.
- Whole decision: Remanded (sent back)
The Veteran's service-connected peripheral neuropathy in all extremities is being remanded for further evaluation and potential rescheduling of VA examinations.
- Whole decision: Remanded (sent back)
The Board has denied service connection for PTSD, and the Court has ordered a remand due to the Veteran not being provided notice of his right to a hearing before the RO.
- Whole decision: Remanded (sent back)
The Board has granted service connection for bilateral upper extremity peripheral neuropathy and remanded the claims regarding bilateral lower extremity polyneuropathy due to potential herbicide exposure.
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. How we handle your email.
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.