The Board denied entitlement to effective dates prior to November 28, 2012 for service connection of peripheral neuropathy in all four extremities due to the finality of the February 2011 rating decision and the fact that the claim was reopened on new evidence received after the September 27, 2012 statement of the case.
The deciding factor: The Board found that the original denial of service connection in February 2011 became final, and since the Veteran did not file a timely appeal or substantive appeal, any subsequent claim to reopen based on new evidence received after the September 27, 2012 statement of the case was also considered untimely.
- Claimed conditions
- Peripheral neuropathy of the left lower extremity, Peripheral neuropathy of the right lower extremity, Peripheral neuropathy of the left upper extremity, Peripheral neuropathy of the right upper extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 24, 2020
- Citation
- 20055892
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 20055892.
What this means for you
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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.
- Granted
The Veteran's service-connected disabilities, including his bilateral lower extremity neuropathy due to diabetes mellitus, have resulted in loss of use of both lower extremities. The Board has granted eligibility for specially adapted housing and dismissed the claim for a special home adaptation grant as moot.
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