The May 2025 motion to revise the March 2019 Board decision on the basis of clear and unmistakable error (CUE) was dismissed.
The deciding factor: There was no valid CUE in the March 2019 decision as it did not address the specific issues regarding effective dates for service connection awards that were later addressed by the AOJ.
- Claimed conditions
- Bilateral hearing loss disability, Residuals of a cold injury of the bilateral upper and lower extremities, Peripheral neuropathy of the bilateral upper and lower extremities
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 24, 2025
- Citation
- 25008337
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
The Board dismissed the Veteran's appeals for service connection for bilateral hearing loss disability and tinnitus due to a lack of jurisdiction.
- Denied
The Board denied service connection for a bilateral hearing loss disability as the evidence did not support a nexus between the disability and service.
- Partly granted
The Board denied service connection for bilateral hearing loss and a heart disability, granted service connection for bilateral tinnitus and right knee osteochondritis dissecans, anterior cruciate ligament (ACL) tear s/p ACL reconstruction, and denied an initial rating in excess of 50 percent for posttraumatic stress disorder with generalized anxiety disorder.
- Remanded (sent back)
The Board remands the claims for service connection for a bilateral hearing loss disability and tinnitus to correct pre-decisional errors in fulfilling its duty to assist the appellant with the development of his claims.
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