The Veteran's claim of clear and unmistakable error (CUE) in the October 2002 rating decision that granted service connection for right shoulder impingement syndrome with resection, distal clavicle and assigned an initial evaluation of 10 percent is dismissed because the October 2002 decision was subsumed by a later Board decision.
The deciding factor: The October 2002 rating decision was subsumed by the October 3, 2006, Board decision which denied entitlement to an initial evaluation in excess of 10 percent for the right shoulder disability.
- Claimed conditions
- right shoulder impingement syndrome with resection
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 26, 2023
- Citation
- A23037363
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 A23037363.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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Other Board decisions on a similar condition or argued the same way.
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- Granted
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- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
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