The Veteran's motion alleging CUE in the April 2010 rating decision awarding service connection for hypertensive heart disease and assigning a 30 percent rating concern how the evidence was weighed, but does not demonstrate that the correct facts were not before the adjudicator or that the statutory or regulatory provisions extant at the time were incorrectly applied.
The deciding factor: The Veteran's argument concerns disagreement with how VA evaluated the facts in his case and is inadequate to raise a claim of clear and unmistakable error.
- Claimed conditions
- Hypertensive Heart Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 6, 2017
- Citation
- 1756149
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 1756149.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's CAD warrants a 60 percent rating, but the Board has determined that an earlier effective date is warranted due to the need for additional medical opinions regarding direct service connection.
- Granted
The Board granted a 30 percent rating for coronary heart disease effective February 10, 2021. The Veteran's condition did not meet the criteria for an earlier effective date or increased rating.
- Granted
The Veteran is granted SMC at the rate of 50% for his service-connected conditions from April 20, 2020 to June 7, 2021.
- Granted
The Veteran's claim for a compensable evaluation for service-connected erectile dysfunction was granted. The claim for an increased rating in excess of 60 percent disabling for service-connected hypertensive heart disease prior to March 31, 2023 was denied.
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