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
Veterans Law Judge
Decisions by this judge: 793 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the case due to a pre-decisional duty to assist error, and will need to obtain an addendum opinion from an examiner of appropriate expertise to determine the nature and etiology of the Veteran's claimed acquired psychiatric condition.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric condition to correct a pre-decisional duty-to-assist error, requiring a VA examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to his failure to report to a scheduled VA examination and the unique circumstances of his case, including chronic homelessness.
- Denied
The Veteran's appeal for service connection for mental illness was denied due to a failure to timely file a substantive appeal after receiving the October 2019 Statement of the Case (SOC).
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