The Board dismissed the motion for revision of a November 1, 1996 decision based on clear and unmistakable error due to the Court's affirmance of the denial of service connection for various conditions as residuals of Agent Orange exposure.
The deciding factor: The Court affirmed the denial of service connection for various conditions as residuals of Agent Orange exposure, thus there was no final Board decision to review for CUE.
- Claimed conditions
- non-Hodgkin's lymphoma, mycosis fungoides, chloracne, residuals of a fracture of the coccyx, soft tissue sarcoma of the digestive system, impotency, post-traumatic stress disorder
- How they argued it
- Not specified
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- February 26, 2004
- Citation
- 0405379
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 0405379.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 further development, including obtaining additional medical opinions and private treatment records.
- Partly granted
The appeal for readjudication of the claim of entitlement to service connection for vision loss has been withdrawn.,Readjudication of the claim for entitlement to service connection for asthma is granted, as new and relevant evidence has been received.,Readjudication of the claim for entitlement to service connection for hypertension is granted, as new and relevant evidence has been received.,Readjudication of the claim for entitlement to service connection for loss of taste (ageusia) and loss of smell (anosmia) is granted, as new and relevant evidence has been received.,The claim for entitlement to service connection for chloracne, to include as secondary to in-service herbicide exposure, is denied, as new and relevant evidence has not been received.,Entitlement to service connection for hypertension is granted pursuant to the PACT Act.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, as well as remanded several other claims.
- Remanded (sent back)
The Board remands the Veteran's claim for an increased rating for post-traumatic stress disorder to provide her with another opportunity to attend a new VA mental health examination.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.