The Board has dismissed the claims for increased disability ratings for left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, right upper extremity neuropathy, and diabetes mellitus type II. The claim for an increased disability rating for left upper extremity neuropathy was not addressed in this decision.
The deciding factor: The appeal has been dismissed as the appellant did not file a motion for reconsideration or to revise the Board decision based on clear and unmistakable error regarding the October 2022 decision, which is now binding only with respect to the instant matter decided.
- Claimed conditions
- left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, right upper extremity neuropathy, left upper extremity neuropathy, diabetes mellitus type II
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2023
- Citation
- A23037455
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 A23037455.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- 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.
- Granted
The Board has granted service connection for erectile dysfunction, which is secondary to the Veteran's service-connected diabetes mellitus type II and panic disorder with insomnia. The decision finds that the evidence is at least evenly balanced as to whether the erectile dysfunction was caused by these conditions.
- Remanded (sent back)
The Board has granted a 20% rating for diabetes mellitus type II from June 20, 2020. The right ankle scar claim is remanded due to the Veteran's failure to report for a scheduled examination. The GERD secondary to diabetes mellitus claim and TDIU issue are also remanded.
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