The Veteran's claim for revision of the December 1961 rating decision that denied service connection for residuals of aseptic meningitis based on clear and unmistakable error (CUE) was denied as there were no new facts or evidence presented to change the outcome.,The claims for earlier effective dates for bilateral upper and lower extremity peripheral neuropathy were also denied, as they were adjudicated and denied prior to August 21, 2008, and the Veteran did not file a notice of disagreement within one year.,The claim for TDIU prior to August 21, 2008 was denied due to the Veteran's current receipt of the maximum rating for residuals of meningitis.

The deciding factor: The December 1961 decision did not contain CUE as there were no new facts or evidence presented that would have changed the outcome.,The effective dates for bilateral upper and lower extremity peripheral neuropathy cannot be earlier than August 21, 2008 because they were adjudicated prior to this date.,The Veteran's current rating of 10% for residuals of aseptic meningitis is considered maximum under the applicable criteria.

Claimed conditions

aseptic spinal meningitis, left upper extremity peripheral neuropathy, right upper extremity peripheral neuropathy, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

10%

Decision date

November 10, 2020

Citation

20072481