Dismissed
The claim for CUE in the rating decisions of the RO for failing to grant a 100 percent rating based on unemployability is dismissed due to lack of jurisdiction.
The deciding factor: All relevant Board decisions subsume the earlier rating decisions, making any CUE claims regarding those ratings legally non-existent.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2008
- Citation
- 0813517
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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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.