The Board denied service connection for diabetes mellitus based on exposure to Agent Orange. The veteran's motion alleging clear and unmistakable error (CUE) in this decision was dismissed without prejudice.
The deciding factor: The motion did not meet the requirements set forth in 38 C.F.R. § 20.1404 for a proper motion alleging CUE, including failure to include the date of the Board's decision and allegations of clear or unmistakable error of fact or law in the February 2002 decision.
- Claimed conditions
- diabetes mellitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2004
- Citation
- 0401182
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 0401182.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus and bilateral knee strain to obtain additional medical opinions.
- Partly granted
The Board denied increased ratings for hypertension, atherosclerosis, and diabetes mellitus; granted service connection for erectile dysfunction and skin cancer; and restored the 10 percent rating for hypertension.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus and sleep apnea to obtain a TERA opinion due to the Veteran's participation in a toxic exposure risk activity during his service in the Southwest Asia theater of operations.
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