The Board dismissed the referral of a claim for clear and unmistakable error in a 1995 rating decision because the July 1995 hearing officer decision was not final, and therefore could not be subject to a collateral attack on the basis of CUE.
The deciding factor: The July 1995 hearing officer decision did not constitute a final decision as the Veteran's appeal of the September 1993 rating decision has continued to the present.
- Claimed conditions
- RSD, ulnar entrapment, osteoarthritis of the left thumb, left carpal tunnel syndrome
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2022
- Citation
- 22003247
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 22003247.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board has remanded the cases due to a duty to assist error, requiring new VA examinations for the appellant's left carpal tunnel syndrome and left wrist osteoarthritis.
- Dismissed
The Board has dismissed the appeal as it found that the benefits originally sought have been granted in full, and thus there is no longer a specific error of fact or law to address.
- Granted
The Veteran's left and right carpal tunnel syndrome have been granted increased ratings to 20% and 30%, respectively, effective from the date of the decision.
- Remanded (sent back)
The Board has determined that the claims for service connection for hypertension, left carpal tunnel syndrome, right carpal tunnel syndrome, and a left foot condition must be remanded due to inadequate medical opinions. The claim for an effective date of February 25, 2024 for bipolar disorder is granted.
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