The Veteran's appeal of an earlier effective date for service connection for degenerative changes of the left acromioclavicular joint was dismissed as his claim had been subsumed by a prior Board decision and he did not file a motion for revision based on clear and unmistakable error (CUE).
The deciding factor: The Veteran's appeal was dismissed because his earlier effective date claim was subsumed by the May 1999 Board decision, which denied his original service connection claim. He also failed to clearly articulate errors in that prior decision or why the results would have been different.
- Claimed conditions
- Degenerative changes of the left acromioclavicular joint
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 8, 2011
- Citation
- 1122205
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. Look up the original decision on VA.gov (opens in a new tab) using citation 1122205.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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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