The Board dismissed the motion for revision based on clear and unmistakable error (CUE) because there was no final decision regarding the entitlement to a higher level of SMC, which is pending.
The deciding factor: The Board did not have jurisdiction to adjudicate the CUE motion as the issue of entitlement to a higher level of SMC was still pending and had not been resolved by a final decision.
- Claimed conditions
- multiple sclerosis (MS), bowel dysfunction associated with MS, chronic cervical strain with degenerative disc disease, generalized fatigue disorder with associated manifestations, optic neuritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2020
- Citation
- 20052413
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 20052413.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeals to service connection for obstructive sleep apnea, shin splints of the right and left lower extremities, multiple sclerosis (MS), thoracolumbar spine disorder, cervical spine disorder, left elbow disorder, left knee disorder, migraine headaches, and right knee disorder are dismissed.
- Granted
The Veteran's service-connected conditions, including chronic fatigue syndrome following non-Hodgkin's lymphoma, have resulted in profound functional impairment requiring the regular aid and attendance of another person. The Board granted special monthly compensation based on need for aid and attendance.
- Denied
The Board denied the veteran's request for an effective date prior to December 15, 2023, for the award of a total disability rating based on individual unemployability (TDIU) as there was no factually ascertainable increase in his service-connected disabilities that rendered him unemployable within one year prior to December 15, 2023.
- Granted
The Board granted service connection for multiple sclerosis, resolving reasonable doubt in favor of the Veteran and finding that his MS had onset during his active duty service.
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