The Board denied the veteran's motion to grant an earlier effective date for service connection due to clear and unmistakable error (CUE) in a January 1996 decision. The Board found that the correct facts were before them, and they correctly applied the relevant regulations.
The deciding factor: The Board determined that the veteran did not establish CUE as defined by law and regulation.
- Claimed conditions
- arteriosclerotic heart disease, myocardial infarction, angina, hypertension
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2004
- Citation
- 0401855
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 0401855.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Partly granted
The Board granted service connection for asthma but denied it for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
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