Dismissed
The veteran's claim for an effective date prior to February 29, 1996, for the assignment of a 100 percent disability rating for PTSD, based on clear and unmistakable error, was dismissed without prejudice.
The deciding factor: The Court found that the veteran had failed to describe with specificity the alleged errors of law or fact in the decision in controversy, leading to the dismissal of the claim.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 2, 2008
- Citation
- 0814683
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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.