The Board has dismissed the motion for CUE review because the motion was withdrawn.
The deciding factor: The motion seeking to review a final Board decision involving clear and unmistakable error (CUE) in the January 2010 decision of the Board has been withdrawn, thus the motion should be dismissed without prejudice to refiling.
- Claimed conditions
- tonsil disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 14, 2012
- Citation
- 1231831
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 1231831.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran's appeal regarding service connection for a skin disorder has been dismissed. The remaining issues of service connection for tonsil disorder, sleep apnea, hypertension, lumbar spine disorder, and rectal bleeding are remanded.
- Remanded (sent back)
The Board has remanded four issues related to the Veteran's service connection claims for tonsil disorder, abnormal ventricular contractions with residuals, low back pain, and a respiratory disorder. The AOJ is instructed to obtain missing Social Security Administration records and VA treatment records from February 2019 onwards. Additionally, new VA examinations are needed for the tonsil disorder, heart disorder (abnormal ventricular contraction), low back disorder, and respiratory disorder.
- Granted
The Veteran's service-connected disabilities, including sinusitis with allergic rhinitis and conjunctivitis, headaches, bilateral epiphora due to allergic rhinitis and conjunctivitis, tinnitus, a tonsil disorder, and hearing loss, render him unable to obtain or maintain substantially gainful employment.
- Remanded (sent back)
The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination to determine the nature and etiology of his left tonsil squamous cell carcinoma, its relationship to service, and whether he has hypertension secondary to his tonsil disorder.
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