The Veteran's appeal of a separate rating for neurological impairment associated with service-connected back disability is dismissed due to the February 2014 Board decision subsuming the February 2005 RO decision.
The deciding factor: The February 2014 Board decision subsumed the February 2005 RO decision, making it impossible for a CUE claim based on that earlier decision.
- Claimed conditions
- Bladder dysfunction, Neurological impairment
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2019
- Citation
- 19101342
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Veteran's service-connected bladder dysfunction was granted a maximum rating of 60 percent, and an effective date of April 29, 2015, for the award of TDIU was also granted.
- Partly granted
The Board denied higher ratings for several service-connected conditions but granted a 20 percent rating for radiculopathy of the left lower extremity.
- Partly granted
The Board denied increased ratings for radiculopathy of the right and left lower extremities but granted a separate rating for bladder dysfunction as secondary to the lumbar spine disorder.
- Denied
The Veteran's claim for a 60 percent rating for bladder dysfunction is denied as the earliest date entitlement became factually ascertainable was December 22, 2009. The Veteran's claim for TDIU prior to December 22, 2009 is also denied due to his ability to secure and follow substantially gainful employment.
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