The veteran's claim of clear and unmistakable error (CUE) in the April 1971 rating decision assigning a noncompensable evaluation for postoperative residuals of hemorrhoidectomy has been dismissed as there is no valid claim of CUE.
The deciding factor: The veteran did not provide specific evidence or arguments showing that the correct facts were not before the adjudicator at the time, nor did he demonstrate how applying the correct law would have resulted in a different outcome.
- Claimed conditions
- postoperative residuals of hemorrhoidectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2008
- Citation
- 0819286
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 0819286.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the veteran's claims for increased ratings for hemorrhoids and anal stricture, finding that his current symptomatology does not warrant a compensable rating. The veteran is also denied a 10% rating under 38 C.F.R. § 3.324 as there is no convincing evidence of obvious limitation in employment due to these service-connected conditions.
- Granted
The Board has determined that the veteran's postoperative residuals of hemorrhoidectomy are tender and painful scarring, warranting a compensable evaluation.
- Granted
The Board has granted a 10 percent evaluation for postoperative residuals of hemorrhoidectomy, finding that the veteran's symptoms more nearly approximate the criteria for this rating.
- Denied
The VA denied the veteran's claim for a compensable initial evaluation for postoperative residuals of a hemorrhoidectomy, finding that his condition did not meet the criteria for any higher rating.
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