The appeal for initial ratings in excess of 10 percent for bilateral lower extremity neuropathy associated with herbicide exposure was dismissed due to a procedural defect involving concurrent elections.

The deciding factor: There was an impermissible concurrent election of Higher-Level Review and Board appeal options, leading to the dismissal of the appeal as a matter of law.

Claimed conditions

right lower extremity neuropathy associated with herbicide exposure, left lower extremity neuropathy associated with herbicide exposure

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

March 4, 2025

Citation

A25019304

Want to see how appeals like this one tend to go? Appeals like mine