The Board dismissed the motion for revision of a 1997 decision that denied service connection for residuals of a hysterectomy, finding no clear and unmistakable error.
The deciding factor: The moving party failed to adequately set forth the alleged errors or why the result would have been manifestly different but for the alleged error, failing to comply with pleading requirements.
- Claimed conditions
- residuals of a hysterectomy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2009
- Citation
- 0903375
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for residuals of a hysterectomy, resolving reasonable doubt in the Veteran's favor.
- Partly granted
The Board denied a compensable disability rating for trichomoniasis and remanded the issue of service connection for residuals of a hysterectomy.
- Remanded (sent back)
The Board remands the claim for a hysterectomy to obtain an addendum opinion regarding its relation to active duty service.
- Remanded (sent back)
The Board remanded the case for further development to determine if the veteran's uterine prolapse and residuals of a hysterectomy are related to her military service.
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