The Board dismissed the veteran's motion for review of a decision based on clear and unmistakable error, as there was no final decision for the Board to review.
The deciding factor: The Board found that the November 4, 1983 decision was not a final decision due to the Chairman's order granting reconsideration, which superseded the initial decision.
- Claimed conditions
- Individual conditions not specified
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 1, 2003
- Citation
- 0333439
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 0333439.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has determined that new evidence does not support readjudicating the Veteran's claim for a total disability evaluation based upon individual unemployability as it is not relevant to his ability to work due to service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for TDIU on an extraschedular basis is being remanded due to the need for a new VA examination to address his employment history and functional impairment caused by his service-connected disabilities.
- Remanded (sent back)
The Veteran's TDIU claim is remanded for further evaluation due to the lack of schedular requirements and potential extraschedular consideration.
- Dismissed
The Board has dismissed the issue of entitlement to a total disability rating based on individual unemployability prior to September 21, 2009 as it lacks jurisdiction due to the Appeals Management Center having granted the benefit in full.
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