The Veteran's motions alleging clear and unmistakable error in the December 2011 Board decision were dismissed due to the Court's August 2013 Memorandum Decision affirming the Board's decision, which became final.
The deciding factor: The Federal Circuit affirmed the Court's decision dismissing the Veteran's appeal of the Board's decision on CUE grounds.
- Claimed conditions
- knee disorder, cervical disability, right wrist disability, right elbow disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2016
- Citation
- 1620655
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 1620655.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Denied
The Board has denied the Veteran's claims for service connection for lumbar spine, left knee, right knee, right wrist, headaches, and sleep disturbances as there is no persuasive evidence of current disabilities during the appeal period.
- Remanded (sent back)
The Board has found that new and relevant evidence has been received for the Veteran's claims of lumbar spine disability, cervical spine disability, RLE sciatica, LLE sciatica, right wrist disability, left wrist disability, hypothyroidism, alopecia, and solar urticaria. These claims are being remanded to allow for further examination and opinion regarding their etiology.
- Dismissed
The Veteran withdrew her appeals for the service connection of multiple conditions, including low back disability, bilateral foot disability, cervical spine disability, migraines, right hand and shoulder disabilities, right wrist disability, asthma (claimed as Gulf War Syndrome), chronic fatigue syndrome, dysmenorrhea, irritable bowel syndrome, and sleep disability. As a result, these claims are dismissed.
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