The motion to revise the June 2009 rating decision on the basis of clear and unmistakable error (CUE) was dismissed as the Appellant, who is the surviving spouse, does not have standing to bring such a CUE motion.
The deciding factor: The Veteran had not filed a CUE motion attacking the June 2009 rating decision by the time of his death, and therefore, the Appellant's instant CUE motion is dismissed due to lack of standing.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2025
- Citation
- A25030060
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.