The appeals for the claims of left and right upper extremity nerve impairments, secondary to service-connected diabetes mellitus type II, are dismissed due to the appellant's death.
The deciding factor: The appeal was dismissed because the appellant died during the pendency of the appeal.
- Claimed conditions
- left upper extremity nerve impairment, right upper extremity nerve impairment
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2021
- Citation
- 21064258
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 21064258.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claims for earlier effective dates for service connection were granted, while the claim for a compensable rating for hypertension was denied. A 40 percent rating was granted for diabetes mellitus type II with retinopathy.
- Partly granted
The Board denied earlier effective dates for PTSD and left upper extremity nerve impairment but remanded the rating issue for the left shoulder disability.
- Dismissed
The Veteran's appeal for a higher rating for bilateral dry eye syndrome is dismissed as it constitutes an impermissible concurrent election.,The Veteran's appeal for a higher rating for tinnitus is dismissed because the January 2022 decision did not address this issue and there was no appealable rating decision within one year of the September 2022 VA Form 10182.,The Veteran's appeal for an earlier effective date for service connection for migraine headaches is granted, with the effective date set at May 13, 2014. The claim for an earlier effective date for left and right upper extremity nerve impairment and vision problems related to bilateral dry eye syndrome is denied.,The Veteran's appeal for an earlier effective date for service connection for left and right upper extremity nerve impairment and vision problems related to bilateral dry eye syndrome is denied.
- Remanded (sent back)
The Veteran's service treatment records are missing and have not been obtained. The Board has remanded the case for further development, including obtaining VA examinations to determine if the claimed conditions were caused by military service.
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