The Board finds that new and material evidence has been received to reopen the Veteran's claims for higher ratings for his service-connected bilateral cold injury residuals of the feet and peripheral neuropathy. However, the appeal as to these issues was closed by the AOJ in June 2014 due to an incorrect determination regarding the timely filing of the Veteran's VA Form 9. The Board is unable to locate any written withdrawal of appeal.
The deciding factor: The AOJ incorrectly determined that the Veteran’s June 2014 VA Form 9 was not timely filed, leading to the closure of the appeal for higher ratings for his service-connected bilateral cold injury residuals and peripheral neuropathy.
- Claimed conditions
- Bilateral Cold Injury Residuals of the Feet, Peripheral Neuropathy of the Left Lower Extremity, Peripheral Neuropathy of the Right Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 22, 2019
- Citation
- 19156492
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 19156492.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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 prevented him from securing or following substantially gainful employment from March 29, 2012, to April 23, 2025. The Board granted a TDIU during this period.
- Granted
The Veteran is found to be eligible for enrollment in the PCAFC program due to his severe and complex medical conditions, which require personal care services.
- Denied
The Veteran's claim for an earlier effective date for service connection of peripheral neuropathy of the left upper extremity is denied as there was no prior formal or informal claim submitted before July 2, 2016.
- Denied
The Board denied service connection for obstructive sleep apnea as secondary to service-connected disabilities, granted an earlier effective date of September 7, 2018 for the grant of service connection for hypertension, and granted initial ratings of 40 percent for peripheral neuropathy of both lower extremities. The TDIU claim was also granted.
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