The claim for revision of a February 2013 rating decision based on CUE is dismissed as the rating decision is not final. The May 2014 rating decision that continued the previous denial of service connection for a mental illness, on the basis of CUE, is remanded.
The deciding factor: The February 2013 rating decision did not become final because new and material evidence was submitted within one year of the decision, and thus cannot be subject to a CUE claim. The May 2014 rating decision became final as no NOD or additional evidence was received within one year.
- Claimed conditions
- mental illness
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 12, 2025
- Citation
- A25042525
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
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