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
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claim for a back condition to be addressed with a new, adequate medical opinion.
- Partly granted
The Board granted a 20 percent rating from July 21, 2021, for the Veteran's spine disability and remanded the issue of entitlement to a rating in excess of 20 percent.
- Dismissed
The appeal is dismissed due to the Veteran's election of a higher-level review, which precludes concurrent Board review.
- Partly granted
The Board granted earlier effective dates for the award of service connection for right and left lower extremity radiculopathy, effective October 11, 2007, and increased the disability rating for lumbar spine disability to 40 percent, effective September 26, 2018.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.