The claim seeking an earlier effective date prior to September 16, 2022, for the assignment of a 50 percent evaluation for service-connected posttraumatic migraine headaches on the basis of clear and unmistakable error (CUE) in a December 2003 rating decision is dismissed.
The deciding factor: The Veteran's motion did not set forth with clarity or specificity the alleged error, its legal or factual basis, and why the results would have been manifestly different but for the alleged error.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2025
- Citation
- A25024525
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.