The Court's September 2008 affirmance of the Board's January 2007 decision precludes the Board from addressing on the merits the appellant's October 2007 motion alleging CUE in the January 2007 Board decision; therefore, her motion must be dismissed.
The deciding factor: The Court's September 2008 affirmance of the Board's January 2007 decision precludes the Board from addressing on the merits the appellant's October 2007 motion alleging CUE in the January 2007 Board decision.
- 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 30, 2009
- Citation
- 0903366
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.