The Board dismissed the appeal as there was no underlying AOJ decision for review due to the Veteran not filing a timely VA Form 10182 (Decision Review Request: Board Appeal (Notice of Disagreement)) on the issue of the propriety of the AOJ's January 2020 severance of service connection for diabetic peripheral neuropathy of both legs, type 2 diabetes mellitus, and diabetic nephropathy.
The deciding factor: The Veteran did not file a timely VA Form 10182 (Decision Review Request: Board Appeal (Notice of Disagreement)) on the issue of the propriety of the AOJ's January 2020 severance of service connection for diabetic peripheral neuropathy of both legs, type 2 diabetes mellitus, and diabetic nephropathy.
- Claimed conditions
- diabetic peripheral neuropathy, left lower extremity, diabetic peripheral neuropathy, right lower extremity, type 2 diabetes mellitus, diabetic nephropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2021
- Citation
- A21020129
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 A21020129.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board has granted the Veteran's claims for earlier effective dates for service connection of coronary artery disease, diabetes mellitus type II, diabetic nephropathy, and prostate cancer. The issues of entitlement to special monthly compensation based on housebound status and eligibility for Dependents' Educational Assistance (DEA) are remanded.
- Remanded (sent back)
The Board has determined that a remand is necessary to clarify the dates of bilateral partial foot amputations and their relationship to service-connected diabetes. The AOJ will obtain pertinent private treatment records to determine these details.
- Granted
The Veteran's need for regular aid and assistance of another person due to service-connected disabilities has been established, allowing him to receive special monthly compensation at the aid and attendance rate.
- Granted
The Board has granted service connection for diabetes mellitus type II (DM) and coronary artery disease (CAD), finding that the Veteran was exposed to herbicide agents during his active duty at Fort McClellan. The Board also found support for secondary service connection for diabetic neuropathy of various extremities, peripheral vascular disease, and gastroparesis as secondary to DM.
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