The Board dismissed the motion for revision of the March 8, 1979, March 23, 1989, and June 17, 1997 decisions based on clear and unmistakable error due to lack of specificity in allegations. The July 15, 2004 decision was dismissed as there is no final decision for the Board to review on the basis of CUE.
The deciding factor: The motion failed to comply with the requirements set forth in 38 C.F.R. § 20.1404(b) (2006), which requires specific allegations of error and why the result would have been manifestly different but for the alleged errors.
- Claimed conditions
- defective vision, left eyebrow scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 25, 2007
- Citation
- 0722718
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 0722718.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 sinusitis is granted service connection as presumed related to exposure to fine particulate matter during his Gulf War service. His bilateral hearing loss and left eyebrow, scalp scars are not rated higher than the current noncompensable ratings.
- Partly granted
The Board denied service connection for hypertension and granted an effective date of December 22, 2016, but no earlier, for the grant of service connection for traumatic brain injury (TBI) and left eyebrow scar as secondary to TBI.
- Denied
The Board denied the veteran's claims for an earlier effective date, increased ratings, and basic eligibility for Dependents' Educational Assistance due to insufficient evidence of entitlement arising before December 14, 2018.
- Remanded (sent back)
The Board remands the claims for service connection for various scars and an eye condition due to a duty to assist error and a notice error.
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