The Board dismissed the Veteran's appeal for service connection for diabetes, bilateral lower extremity peripheral neuropathy, coronary artery disease, residuals of prostate cancer, and chronic kidney disease due to a full grant of benefits in January 2023 and May 2023 rating decisions. The appeal was also dismissed for entitlement to SMC under the provisions of 38 U.S.C. § 1114(s) and basic eligibility to DEA benefits based on permanent and total disability status.
The deciding factor: The January 2023 and May 2023 rating decisions granted service connection, which represented a full grant of the benefits sought on appeal, thus dismissing the Veteran's legacy appeal stream.
- Claimed conditions
- diabetes mellitus, type II (diabetes), bilateral lower extremity peripheral neuropathy, coronary artery disease (CAD), residuals of prostate cancer, chronic kidney disease, characterized as diabetic nephropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2024
- Citation
- 24032570
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeal for service connection for chronic kidney disease was dismissed due to the Veteran not timely filing a Notice of Disagreement within one year of the rating decision.
- Remanded (sent back)
The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Partly granted
The Board denied service connection for a vitamin D deficiency and remanded claims for coronary artery disease, status post femoral bypass, chronic kidney disease, and anemia due to a pre-decisional duty to assist error.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
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