The Board dismissed the claim for service connection for Basal Cell Carcinoma of the right ear. The Veteran's claims for service connection for peripheral neuropathy of the left and right lower extremities were granted, with presumptive service connection based on herbicide exposure.
The deciding factor: The Veteran was exposed to herbicides during his service in Vietnam, which is presumed. His current peripheral neuropathy diagnoses are related to his in-service exposure to herbicides.
- Claimed conditions
- Basal Cell Carcinoma of the right ear, Peripheral neuropathy of the left lower extremity, Peripheral neuropathy of the right lower extremity
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- April 1, 2019
- Citation
- 19124404
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Remanded (sent back)
The Board remands the claims for service connection for peripheral neuropathy of both lower extremities to obtain a VA medical opinion regarding whether the current condition is caused or aggravated by the Veteran's service-connected diabetes mellitus type II.
- Denied
The Board denied the Veteran's claims for higher initial ratings for peripheral neuropathy of both lower extremities, finding that his symptoms did not meet the criteria for a compensable rating.
- Remanded (sent back)
The Board remands the claims for service connection for peripheral neuropathy of both upper and lower extremities, to include as due to herbicide agent exposure, for compliance with a Court order regarding the provision of an examiner's curriculum vitae.
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