The Board denied service connection for lung abscess, pneumonitis, and bronchiectasis in September 1954 due to the lack of evidence linking these conditions to military service. The veteran's motion claiming clear and unmistakable error (CUE) was dismissed without prejudice.
The deciding factor: The veteran failed to clearly and specifically set forth alleged CUE in the September 1954 Board decision, as required by regulations.
- Claimed conditions
- lung abscess, pneumonitis, bronchiectasis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 2, 2002
- Citation
- 0209002
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 0209002.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Board dismissed the Veteran's claim for an earlier effective date for his COPD with ILD, specifically bronchiectasis and pulmonary nodules as it is a freestanding claim that cannot be filed after a final decision.
- Granted
The Board has granted service connection for bronchiectasis and CVID on a direct basis, finding that the Veteran's current disabilities began during active service.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance, which grants entitlement to special monthly compensation based on aid and attendance. The issue of entitlement to special monthly compensation at a housebound rate is moot due to the grant of aid and attendance.
- Remanded (sent back)
The Board has remanded the claims of service connection for cause of death and entitlement to Dependency and Indemnity Compensation due to a duty to assist error related to toxic exposure risk activities (TERA) participation during service.
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