The Board has dismissed the appeals regarding whether new and material evidence was received to reopen claims for service connection for various conditions, including posttraumatic stress disorder, peripheral neuropathy of the upper and lower extremities, due to the Veteran's death during the appeal process.
The deciding factor: The Veteran died during the pendency of his appeal, thus the Board has no jurisdiction to adjudicate the merits of these claims.
- Claimed conditions
- peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right upper extremity, peripheral neuropathy of the left lower extremity, peripheral neuropathy of the right lower extremity, posttraumatic stress disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2020
- Citation
- 20002420
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The appeal for a temporary total evaluation because of hospital treatment in excess of 21 days for service-connected posttraumatic stress disorder was withdrawn by the Veteran's representative and is therefore dismissed.
- Partly granted
The Board granted readjudication of the claims for service connection for diabetes mellitus, prostate cancer, and peripheral neuropathy of the left and right lower extremities due to new and relevant evidence having been received.
- Dismissed
The veteran withdrew his appeal seeking increased ratings for various conditions, including peripheral neuropathy and non-alcoholic steatohepatitis.
- Granted
The Board granted an increased (Level 2) stipend in the PCAFC for the Veteran's caregiver due to the need for continuous supervision and protection based on the Veteran's medical conditions.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.