The Board's April 1995 decision denying the veteran's attempt to reopen a previously denied claim for service connection for a psychiatric disorder has been superseded by a court of competent jurisdiction, and thus the Board does not have jurisdiction to revise this decision on grounds of clear and unmistakable error.
The deciding factor: The April 1995 Board decision has become subject to an appeal in a court of competent jurisdiction, which rendered its decision final.
- Claimed conditions
- Psychiatric disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 25, 2001
- Citation
- 0123338
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 0123338.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 a 70 percent initial evaluation for the Veteran's service-connected psychiatric disorder and TDIU, but remanded claims for service connection for diabetes, lumbar condition, cervical condition, lung condition, and left and right lower extremity neuropathy.
- Partly granted
The Board grants the appeal for readjudicating the claim of service connection for a psychiatric disorder due to new and relevant evidence being received.
- Remanded (sent back)
The Board remands the claims for service connection for a psychiatric disorder, left ear hearing loss, and right shoulder strain to correct duty to assist errors that occurred prior to the AOJ rating decision.
- Partly granted
The Board granted an initial disability rating of 50 percent for the Veteran's service-connected psychiatric disorder and a TDIU from September 1, 2023, but denied service connection for erectile dysfunction.
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