The Board dismissed the motion for revision of a decision based on clear and unmistakable error (CUE) in the December 2000 Board decision that denied entitlement to an effective date prior to October 8, 1981 for award of service connection for a left shoulder disability secondary to hospitalization for treatment of service-connected tuberculosis.
The deciding factor: The motion failed to comply with the requirements set forth in Rule 1404(b) and was dismissed without prejudice to refiling.
- Claimed conditions
- left shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2001
- Citation
- 0127062
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 0127062.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 denied service connection for residuals of gallbladder removal and remanded the other claims due to insufficient evidence.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Dismissed
The Veteran's appeals for service connection were dismissed due to a procedural defect in filing the claims on the correct form.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for tinnitus, anxiety disorder, back disability, left shoulder disability, right shoulder disability, and right knee disability. The claim for service connection for residuals of a concussion is remanded.
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