The Board dismissed the motion for revision or reversal of its September 1985 decision denying a rating in excess of 50 percent for a psychiatric disorder, finding that the allegations did not set forth clearly and specifically the alleged clear and unmistakable errors.
The deciding factor: The Board found that the moving party's contentions essentially challenged how facts were weighed or evaluated, which cannot form the basis of a CUE claim.
- Claimed conditions
- psychiatric disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 29, 2004
- Citation
- 0420767
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 0420767.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board has granted the Veteran's claims for increased evaluations and SMC based on housebound status and aid and attendance, with the initial decisions being in February and June 2023. The appellant is eligible to attorney fees based on past-due benefits awarded in September 2024.
- Dismissed
The Board dismissed the appeal for service connection of psychiatric disorder. Service connection was granted for heart condition, throat condition, and hypertension due to herbicide exposure in Japan. Diabetes condition is denied as there is no evidence of treatment or diagnosis.
- Dismissed
The Veteran's service-connected disabilities were considered permanent and total in nature as of August 6, 2020, which is the earliest date on which she can establish basic eligibility for DEA under 38 U.S.C. Chapter 35.
- Granted
The Veteran's tinnitus is granted service connection, while his bilateral hearing loss and hypertensive vascular disease/hypertension are denied. The psychiatric disorder claim is remanded for further review.
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