The Board dismissed the motion seeking to review a final decision involving clear and unmistakable error (CUE) in their August 2, 1994 decision.
The deciding factor: The Board ruled that the motion for CUE review had been withdrawn, thus dismissing the motion without prejudice to refiling.
- Claimed conditions
- bilateral hearing loss, tinnitus, post-traumatic stress disorder (PTSD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2000
- Citation
- 0002907
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 0002907.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Granted
The Board granted service connection for an acquired psychiatric disorder, to include unspecified depressive disorder with social anxiety disorder and PTSD, resolving reasonable doubt in the Veteran's favor.
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