The Board denied the Veteran's motion alleging clear and unmistakable error (CUE) in its March 6, 2009 decision regarding his service-connected sinusitis and allergic rhinitis. The Board also dismissed the motions for CUE in the decisions regarding new and material evidence to reopen claims of bilateral hearing loss, chronic bilateral tendonitis of the legs, and a dental disorder for compensation purposes.
The deciding factor: The Veteran's arguments did not meet the pleading requirements for a motion alleging clear and unmistakable error (CUE) as they were essentially reiterations of his previous claims rather than specific allegations of CUE in the Board decision.
- Claimed conditions
- sinusitis, allergic rhinitis, bilateral hearing loss, chronic bilateral tendonitis of the legs, dental disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 29, 2011
- Citation
- 1124624
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 1124624.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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