The Board's March 2005 decision was vacated and remanded by the Court, so there is no final decision for the Board to review on the basis of clear and unmistakable error.
The deciding factor: The Court has vacated and remanded the March 2005 Board decision, leaving it without jurisdiction to adjudicate the motion for revision based on CUE.
- Claimed conditions
- lumbosacral strain with intervertebral disc syndrome
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2006
- Citation
- 0601306
Veterans Law Judge
Decisions by this judge: 1,547 · Granted: 20% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0601306.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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The Board has withdrawn the appeal for an increased evaluation for lumbosacral strain with intervertebral disc syndrome and has remanded the issue of service connection for obstructive sleep apnea.
- Remanded (sent back)
The Board has remanded the Veteran's claim for service connection for erectile dysfunction (ED) as secondary to his service-connected lumbosacral strain with intervertebral disc syndrome due to a pre-decisional duty to assist error. The AOJ will consider any additional evidence when readjudicating the claim.
- Remanded (sent back)
The Board has remanded the claims for a higher rating for lumbosacral strain with intervertebral disc syndrome, bilateral lower extremity radiculopathy, and left lower extremity radiculopathy due to procedural errors in obtaining private medical records.
- Dismissed
The Board dismissed the appeals for increased disability ratings for lumbosacral strain with intervertebral disc syndrome and left lower extremity radiculopathy involving the femoral nerve.
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