The Board dismissed the motion for clear and unmistakable error (CUE) without prejudice, as the moving party failed to clearly and specifically set forth the alleged CUE or errors of fact or law in the February 1966 decision.
The deciding factor: The motion did not comply with the requirements set forth in Rule 1404(b), which requires specific allegations of error. The Board dismissed without prejudice to refiling.
- Claimed conditions
- Loss of use of a creative organ
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2001
- Citation
- 0124754
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 0124754.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's claims for service connection for erectile dysfunction and special monthly compensation based on loss of use of a creative organ are granted with an effective date of August 21, 2025.
- Dismissed
The Board has dismissed the Veteran's appeals for earlier effective dates of August 22, 2016, for service connection and SMC due to loss of use of a creative organ. The May 2024 Board decision granted these benefits with an effective date of August 22, 2016.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Partly granted
The Board granted increased ratings for dermatitis and central serous chorioretinopathy, while denying restoration of the rating for prostate cancer and granting SMC for loss of a creative organ.
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