The Board dismissed the appellant's freestanding claim for an earlier effective date for the grant of service connection for Meniere’s disease, as it is final due to a prior decision. The motion to revise on the basis of clear and unmistakable error (CUE) in the July 2006 rating decision was granted.
The deciding factor: The Board found that there was CUE when the RO failed to recognize an earlier unadjudicated claim for Meniere’s disease, which would have resulted in a different effective date of February 18, 1999.
- Claimed conditions
- Meniere’s disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 13, 2019
- Citation
- 19161793
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 19161793.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's Meniere’s disease is rated at 100 percent, the highest possible rating, due to symptoms including hearing impairment with tinnitus and attacks of vertigo occurring more than once a week.
- Granted
The Veteran's claims for service connection for tinnitus and Meniere’s disease, to include vertigo, have been granted. The claim for service connection for an acquired psychiatric disorder, to include PTSD and OCD, has been dismissed as the issue is moot due to a previous grant of service connection in May 2013. The claim for service connection for chronic renal disease, to include hypertensive chronic kidney disease and stage 3 chronic kidney disease, has also been granted but is now moot.
- Granted
The Veteran's claim for service connection for hypertension was granted, and his meralgia paresthetica of the right thigh was restored to a 10% rating. The remaining issues were remanded.
- Denied
The Board has determined that the Veteran's death was not caused by or contributed to by service-connected Meniere’s disease, and therefore denied the claim for service connection for the cause of death.
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