Dismissed
The claim for reversal or revision of a September 1971 RO decision on the basis of clear and unmistakable error is dismissed as it was subsumed by a May 1976 Board decision.
The deciding factor: The May 1976 Board decision subsumed the September 1971 RO decision, making any claim for CUE in the earlier decision moot.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2009
- Citation
- 0907998
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.