Dismissed
The issue of whether there was clear and unmistakable error in an April 6, 1971, rating decision which denied service connection for residuals of pulmonary tuberculosis is dismissed.
The deciding factor: The veteran withdrew the claim through his attorney at a September 2008 Board hearing.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2009
- Citation
- 0902822
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.