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
Veterans Law Judge
Decisions by this judge: 2,500 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
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 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has determined that the Veteran does not require personal care services for a minimum of six continuous months based on an inability to perform activities of daily living or a need for supervision, protection, or instruction. The appeal is being remanded due to insufficient reasoning and lack of detailed medical opinion.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for bladder dysfunction and bowel dysfunction as secondary to his service-connected degenerative changes of the lumbar spine due to insufficient opinions in previous examinations.
- 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.
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.
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.