The Board has dismissed all service connection claims for various types of neuropathy and dystrophic toenails, as the Veteran died during the appeal process.
The deciding factor: The Veteran's death made it impossible to proceed with the appeals due to lack of jurisdiction.
- Claimed conditions
- neuropathy of the left lower extremity, neuropathy of the right lower extremity, neuropathy of the left upper extremity, neuropathy of the right upper extremity, dystrophic toenails of the left lower extremity, dystrophic toenails of the right lower extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2019
- Citation
- 19128976
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for various conditions, including left and right eye dry eyes, cataracts of the left and right eyes, neuropathy of the left lower extremity, radiculopathy of the right lower extremity, left renal arteriovenous malformation, aneurysm, pseudofolliculitis barbae (PFB), degenerative joint disease (DJD) of the lumbar spine, recurrent subluxation of the left knee prior to May 13, 2020, left total knee replacement, disability rating in excess of 60 percent from September 1, 2021, forward for left total knee replacement, DJD of the right knee, right knee instability, burns of the bilateral ankles, linear scar of the left knee, post-surgical tender scars of the left knee, and a total disability rating due to unemployability (TDIU) based upon service-connected disabilities prior to June 14, 2019.
- Granted
The Board granted service connection for hyperthyroidism as secondary to in-service exposure to herbicide agents, and for neuropathy of the right and left lower extremities and right eye exophthalmos and diplopia as secondary to service-connected hypothyroidism.
- Remanded (sent back)
The Board remands the claims for service connection for neuropathy of all four extremities due to a need for additional development, including verification of claimed nerve agent exposure and obtaining an updated medical opinion.
- Denied
The Board denied service connection for neuropathy of the left upper extremity as there is no evidence that it was incurred in or caused by service, and it did not manifest within one year of separation from service.
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