The Board dismissed the motion to revise or reverse on the basis of clear and unmistakable error (CUE) a May 2014 rating decision that denied entitlement to compensation under 38 U.S.C. § 1151 for bilateral lower extremity peripheral neuropathy from VA-prescribed statins.
The deciding factor: The Veteran's CUE motion was dismissed due to lack of specificity and failure to meet the legal criteria for establishing clear and unmistakable error.
- Claimed conditions
- bilateral lower extremity peripheral neuropathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2025
- Citation
- A25051147
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 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.
- Granted
The Board granted service connection for bilateral lower extremity peripheral neuropathy secondary to the veteran's service-connected musculoskeletal disabilities.
- Partly granted
The Board denied the claim for service connection for bilateral pes planus, finding that it preexisted service and did not increase in disability. The claims for ischemic heart disease, diabetes mellitus, peripheral neuropathy, hypertension, and pes planus were remanded for further development.
- Granted
The Board grants service connection for bilateral lower extremity peripheral neuropathy based on the Veteran's credible reports and a positive nexus opinion from the December 2024 VA examiner.
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