The Board dismissed the Veteran's claims of entitlement to increased ratings for various conditions, including DM II, peripheral neuropathies, and COPD. The claim for service connection for COPD was reopened due to new evidence submitted by the appellant.
The deciding factor: New evidence received since the April 2012 rating decision raised a reasonable possibility that the Veteran will prevail on his claims of entitlement to service connection for COPD.
- Claimed conditions
- Diabetes mellitus type 2, Peripheral neuropathy of the left upper extremity, Peripheral neuropathy of the right upper extremity, Peripheral neuropathy of the left lower extremity (sciatic nerve), Peripheral neuropathy of the right lower extremity (sciatic nerve), Peripheral neuropathy of the left lower extremity (femoral nerve), Peripheral neuropathy of the right lower extremity (femoral nerve)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- June 24, 2020
- Citation
- 20042458
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 20042458.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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's claim for an initial 70 percent rating for service-connected peripheral neuropathy of the right upper extremity is granted. The Board also remanded the issue of entitlement to SMC based on a need for aid and attendance.
- Granted
The Board has granted service connection for peripheral neuropathy of the upper extremities and remanded the issue of esophageal cancer.
- Granted
The Veteran's peripheral neuropathy of the right upper extremity, spinal disability, and hypertension with acute renal failure are all granted. The rating for spinal disability is restored to 20 percent effective January 6, 2020. An increased rating for hypertension with acute renal failure is denied.
- Denied
The Board found that the discontinuance of SMC for LOU of both buttocks was proper because the Veteran does not meet the criteria for LOU of both buttocks.
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