The Board dismissed the Veteran's claims for earlier effective dates for bilateral lower extremity cold injuries and bilateral lower extremity peripheral neuropathy, as well as his claim of clear and unmistakable error (CUE) in the May 2008 rating decision that granted service connection.
The deciding factor: The Board found that the CUE claim was not inextricably intertwined with the earlier effective date claims and referred it to the RO for adjudication. The earlier effective date claims were dismissed as well.
- Claimed conditions
- Bilateral lower extremity cold injury disabilities, Bilateral lower extremity peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- 20069430
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted the petitions to reopen previously denied claims for bilateral lower extremity peripheral neuropathy and rash over the entire torso, based on new and material evidence. The claims for service connection were remanded for further consideration.
- Partly granted
The Veteran was granted special monthly compensation (SMC) based on the need for aid and attendance, eligibility for specially adapted housing, and had his appeal for a special home adaptation grant dismissed. The issues related to Parkinson's disease tremors were remanded.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral upper and lower extremity peripheral neuropathy due to a lack of a nexus opinion.
- Partly granted
The Board granted service connection for degenerative arthritis in the right knee, degenerative arthritis in the lower back, and bilateral lower extremity peripheral neuropathy. The claim for an eye disorder was denied.
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