The motion to reverse or revise a May 2018 Board of Veterans' Appeals decision on the basis of clear and unmistakable error (CUE) was dismissed as moot because the Court had already affirmed the Board's decision.
The deciding factor: The Board's decision was subsumed by the Court's decision, making it impossible to revise based on CUE.
- Claimed conditions
- Degenerative joint disease of the thoracolumbar spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2024
- Citation
- 24031697
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for degenerative joint disease of the thoracolumbar spine and cervical spine, finding that the evidence was approximately balanced as to whether these conditions were caused by an injury or event during active service.
- Denied
The Board denied an earlier effective date for the award of service connection for degenerative joint disease of the thoracolumbar spine, finding that August 10, 2023, is the earliest available date based on the Veteran's claim.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.