The Board has determined that there was CUE in the October 2006 decision increasing the ratings for peripheral neuropathy of the right and left lower extremities, and these prior ratings are not reinstated. The Veteran's sleep apnea is not service-connected.
The deciding factor: There was clear and unmistakable error (CUE) in the October 2006 rating decisions that increased the ratings for peripheral neuropathy affecting the Veteran's lower extremities from 40 to 60 percent and from 10 to 40 percent, respectively. The RO has determined these prior ratings are not reinstated.
- Claimed conditions
- Peripheral neuropathy with foot drop of the right lower extremity, Peripheral neuropathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 16, 2010
- Citation
- 1034953
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 1034953.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities, including his bilateral lower extremity neuropathy due to diabetes mellitus, have resulted in loss of use of both lower extremities. The Board has granted eligibility for specially adapted housing and dismissed the claim for a special home adaptation grant as moot.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, requiring clarification on whether the Veteran's left lower extremity peripheral neuropathy is early-onset and if it is related to Agent Orange exposure during service.
- Remanded (sent back)
The Board has remanded the claims of service connection for peripheral neuropathy of the left upper and lower extremities due to herbicide agent exposure, as there is a pre-decisional duty to assist error that occurred prior to the date of the AOJ decision on appeal.
- Granted
The Board has granted service connection for peripheral neuropathy of both the right and left lower extremities, finding that it is at least as likely as not caused by or aggravated by the Veteran's service-connected hypertension.
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