Dismissed
The appeal regarding Clear and Unmistakable Error (CUE) in a March 2018 rating decision that assigned an effective date of July 27, 2010, for the award of a 100 percent rating for PTSD was dismissed due to lack of jurisdiction.
The deciding factor: The issue was not subject to appeal from the March 2018 rating decision as it was implementing a Board's decision and the Veteran did not file an NOD with that decision.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2020
- Citation
- 20064062
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.