The Veteran's appeals for increased ratings for peripheral neuropathy of the right and left lower extremities, as well as for the right and left upper extremities, were dismissed due to withdrawal by his representative prior to the Veteran's death. The Veteran's service-connected nephropathy was also dismissed.
The deciding factor: The Veteran withdrew his appeal regarding ratings in excess of 60 percent prior to October 25, 2013, and in excess of 80 percent from February 14, 2014, for nephropathy. The appeals for increased ratings were dismissed as the Veteran's representative had withdrawn them.
- Claimed conditions
- Nephropathy, Peripheral neuropathy, right lower extremity, Peripheral neuropathy, left lower extremity, Peripheral neuropathy, right upper extremity, Peripheral neuropathy, left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2022
- Citation
- 22011159
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 22011159.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for peripheral neuropathy in both upper extremities and the TDIU claim prior to July 12, 2011. The Veteran's disabilities alone did not render him unemployable at that time.
- Remanded (sent back)
The Board has remanded the claims of service connection for peripheral neuropathy, left and right lower extremities due to a duty to assist error. The Veteran's ischemic heart disease is rated at 10 percent.
- Remanded (sent back)
The Veteran's service-connected peripheral neuropathy in all extremities is being remanded for further evaluation and potential rescheduling of VA examinations.
- Denied
The Veteran's appeal for a higher level of special monthly compensation (SMC) was denied as he is already in receipt of the maximum SMC rate due to his service-connected disabilities, including coronary artery disease and PTSD/MDD at 60% or more.
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