The Veteran's claims for earlier effective dates and initial ratings for diabetic neuropathy of the left and right lower extremities have been dismissed due to their death.
The deciding factor: The Veteran passed away during the pendency of the appeal, thus the Board has no jurisdiction to adjudicate the merits of these claims.
- Claimed conditions
- diabetic neuropathy of the left lower extremity, diabetic neuropathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2020
- Citation
- 20074452
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the claims for service connection for prostate cancer, diabetes mellitus type II, and diabetic neuropathy of the upper and lower extremities due to a need for clarification regarding the Veteran's exposure to Agent Orange.
- Granted
The Board granted an earlier effective date of August 29, 2024, for the award of a 20 percent rating for service-connected diabetic neuropathy of the left and right lower extremity.
- Granted
The Board granted service connection for diabetes mellitus and related conditions, including diabetic neuropathy of the upper and lower extremities, erectile dysfunction, hypertension, retinopathy, and carpal tunnel syndrome (CTS), based on herbicide exposure during service.
- Granted
The veteran was granted increased ratings for migraine headaches, diabetic neuropathy of the right and left lower extremities, as well as additional intermediate-rate SMC increases.
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