The Veteran's appeals for service connection for left lower extremity and right lower extremity peripheral neuropathy, as well as cervical spine and upper extremity disabilities have been dismissed as moot due to prior decisions granting these claims.
The deciding factor: The earlier decision in September 2018 denied service connection for the conditions and the February 2023 rating decision granted them secondary to a lumbar spine disability, making the appeal moot.
- Claimed conditions
- left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, cervical spine or neck disability, left upper extremity disability, right upper extremity disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2023
- Citation
- A23035265
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 A23035265.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has remanded the claims for service connection due to a duty to assist error, specifically regarding the Veteran's exposure to mercury in dental amalgams and asbestos during service. A VA medical opinion is needed to determine if these exposures are related to his claimed disabilities.
- Dismissed
The appeal concerning earlier effective dates for service connection and disability ratings has been dismissed.,No new evidence or arguments were provided to support the claims.
- Remanded (sent back)
The Veteran's tinnitus is granted service connection. The Board finds the evidence insufficient to grant service connection for diabetes mellitus type II, hypertension, peripheral neuropathy, erectile dysfunction, prostate condition, headaches, IBS, behavioral neurology conditions, and acquired psychological condition due to exposure at Camp Lejeune.
- Remanded (sent back)
The Board has identified a pre-decisional duty to assist error and is remanding the claims for compensation under 38 U.S.C. § 1151 due to the Veteran's claim being raised prior to December 2024, despite not being adjudicated in that decision.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.