The veteran's appeal for an earlier effective date for service connection for atopic dermatitis was dismissed as the June 1964 rating decision and subsequent Board decisions were not subject to allegations of clear and unmistakable error (CUE).
The deciding factor: The original June 1964 RO rating decision denying service connection and the May 1975 RO rating decision granting service connection with a July 1974 effective date were subsumed in the February 1976 and January 1977 Board decisions, making them not subject to CUE allegations.
- Claimed conditions
- atopic dermatitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2007
- Citation
- 0719057
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 0719057.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's low back disability, diagnosed as lumbosacral strain, osseous & subluxation stenosis of lumbar foramina, is granted with a rating of 40 percent effective February 9, 2024. The other service connection claims are also granted.
- Denied
The Veteran's appeal is denied as the disability rating for atopic dermatitis and pilaris keratosis was reduced from 60 percent to 30 percent effective July 1, 2020. The Veteran does not meet criteria for a higher rating.
- Remanded (sent back)
The Board has remanded the claims for left knee strain, obstructive sleep apnea, atopic dermatitis, chronic rhinitis, and chronic sinusitis due to insufficient medical opinions addressing all theories of entitlement. The Veteran's conditions are now considered significantly worsened.
- Granted
The Board has granted service connection for the Veteran's skin disability (atopic dermatitis, folliculitis, seborrheic dermatitis, and seborrheic keratosis) on a direct basis. The decision finds that there is at least an equipoise of evidence to support the claim, thus resolving reasonable doubt in favor of the Veteran.
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