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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for a lung disability, to include bronchiectasis, based on herbicide agent exposure due to the Veteran's service in Vietnam.
- Denied
The Board denied service connection for bronchiectasis and allergic rhinitis, finding no evidence of a causal relationship between the in-service toxic exposures and the current conditions.
- Remanded (sent back)
The Board remands the claim for a respiratory disability, diagnosed as adenocarcinoma of the lung, atelectasis, and bronchiectasis, to obtain an updated TERA memorandum and new VA opinion.
- Remanded (sent back)
The Board remands the claim for a new VA medical opinion to determine the nature and etiology of the Veteran's lung disability, considering both direct service connection and toxic exposure risk activity (TERA) theories.
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