The Board denied the motion alleging clear and unmistakable error in a May 1983 decision finding that a September 1973 rating decision was final. The reasons given were that proper notice of the denial was provided, and the reason for the denial (that the condition was not compensable) was clearly stated.
The deciding factor: The Board found no CUE because the correct facts as they existed at the time were presented to them and correctly applied the relevant laws and regulations.
- Claimed conditions
- psychiatric, nervous condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 28, 2008
- Citation
- 0837064
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. Search VA.gov for the original decision (opens in a new tab) using citation 0837064.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the appellant's motion to revise a September 1949 rating decision that denied service connection for a nervous condition, finding no CUE and concluding the denial was not erroneous.
- Whole decision: Granted
The Board has granted a TDIU based on the Veteran's service-connected psychiatric and eczema disabilities, including an increased rating for her eczema. The appellant is eligible to attorney fees based on past-due benefits awarded in the March 2023 rating decision.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to a duty to assist error, specifically regarding the etiology of the Veteran's acquired psychiatric disorders. The AOJ must obtain SSA records and provide an addendum medical opinion addressing the onset and relationship of any diagnosed psychiatric disorder to service.
- Whole decision: Remanded (sent back)
The Board remands the claims for service connection for various conditions, including headaches, nervous condition, skin lesions, sleep apnea, and heart condition/atrial fibrillation, to correct pre-decisional duty to assist errors.
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