The Board dismissed the motion for CUE because it did not meet the specific allegations required by the regulations.
The deciding factor: The motion failed to clearly and specifically set forth the alleged clear and unmistakable error, or errors, of fact or law in the September 1997 decision.
- Claimed conditions
- gastritis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 31, 2003
- Citation
- 0318411
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 0318411.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for bilateral pes planus, anemia, and gastritis as the conditions were not shown to be related to or aggravated by service.
- Granted
The Board granted a rating of 60 percent from January 27, 2016 to July 7, 2022 for the Veteran's duodenal ulcer, duodenitis, gastritis, and gastroesophageal reflux disease (GERD).
- Remanded (sent back)
The Board remands the claims for a compensable rating and an increased rating for gastritis, gastroenteritis, and GERD to obtain a retrospective medical opinion on the severity of the Veteran's symptoms without the ameliorative effects of medication.
- Denied
The Board denied the Veteran's appeal for an increased rating in excess of 40 percent for service-connected gastritis.
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