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the veteran's attempt to reopen a previously denied claim for service connection for a psychiatric disorder has been superseded by a court of competent jurisdiction, and thus the Board does not have jurisdiction to revise this decision on grounds of clear and unmistakable error.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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the claims of service connection for psychiatric disorder, right shoulder condition, and right knee condition due to duty-to-assist errors.
- Remanded (sent back)
The Board has remanded the claim of entitlement to service connection for erectile dysfunction due to insufficient evidence or further clarification.
- Remanded (sent back)
The Board has decided to remand the case due to an inadequate VA examination and opinion regarding the relationship between the Veteran's current psychiatric condition, including PTSD, and service. The Veteran is also not entitled to a rating or effective date as this matter is being remanded.
- Granted
The Veteran's peripheral neuropathy of the right upper extremity is granted as service connected. The left knee disability and psychiatric disorder are remanded for further development.
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