The Board vacated its April 2025 decision regarding the Veteran's motions for revision or reversal of portions of a September 2013 and July 2023 rating decisions based on CUE due to procedural errors.
The deciding factor: The procedural error in failing to process the Veteran's request to switch dockets prior to issuing a decision under the Direct Review docket constituted a denial of the Veteran's due process rights.
- Claimed conditions
- obstructive sleep apnea, migraine headaches, posttraumatic stress disorder with a traumatic brain injury
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 26, 2025
- Citation
- A25055520
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
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