The Board dismissed the claims of CUE in the October 8, 1970 rating decisions regarding right femur fracture residuals and inguinal hernia as they were not properly pled.
The deciding factor: The veteran's allegations did not establish that either the correct facts or applicable regulations at the time were incorrectly applied to deny service connection for the conditions in question.
- Claimed conditions
- Right femur fracture residuals, Inguinal hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 9, 2006
- Citation
- 0606838
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 a left femur fracture status post-surgery, a left wrist disability, an inguinal hernia, and a back disability for additional development of evidence.
- Partly granted
The Veteran's PTSD with depressive disorder was granted an increased rating of 70 percent, but no higher, from December 31, 2019. Other claims were denied.
- Denied
The Board denied service connection for an acquired psychiatric disorder, to include PTSD and sleep disturbances, a back disability, and an initial compensable evaluation for inguinal hernia due to the lack of evidence supporting current diagnoses or in-service incurrence.
- Partly granted
The Board granted a 100 percent rating for the Veteran's service-connected psychiatric disability and restored ratings for right knee instability and limitation of extension, while denying compensable ratings for right knee scarring, inguinal hernia, and inguinal hernia scarring. The Veteran was also awarded special monthly compensation.
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.