The Board denied service connection for residuals of a broken nose and found proper the termination of service connection for heart disability and PTSD. The Veteran's appeal was dismissed as his motion did not meet the requirements set forth in 38 C.F.R. § 20.1404.
The deciding factor: The motion to review the August 2016 Board decision based on clear and unmistakable error (CUE) did not meet the required criteria, specifically failing to clearly and specifically state the alleged errors of fact or law in the Board's decision.
- Claimed conditions
- residuals of a broken nose, heart disability (coronary artery disease), posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 15, 2019
- Citation
- 19103529
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Dismissed
The Veteran withdrew the appeal for an increased rating of his service-connected PTSD during a Board hearing, and the appeal is therefore dismissed.
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