The Veteran's claim of clear and unmistakable error (CUE) in the August 1972 rating decision proposing to reduce his thyroid toxicosis evaluation from 60% to 10% is dismissed because the decision was not final with respect to the issue addressed.
The deciding factor: The August 1972 rating decision was not a final adjudication on the issue of rate reduction, as it continued via the Veteran's January 1973 Notice of Disagreement (NOD), March 1973 congressional inquiry, and May 1973 VA examination until the August 1973 Supplemental Statement of the Case (SSOC) was issued.
- Claimed conditions
- Thyroid Toxicosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2024
- Citation
- A24021858
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 A24021858.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
Your claim to revise the August 1972 rating decision that proposed to reduce your thyroid toxicosis evaluation from 60% to 10% has been dismissed as there is no longer a live case or controversy.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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