The motion to revise or reverse on the basis of clear and unmistakable error (CUE) was dismissed without prejudice to refiling.
The deciding factor: The Veteran failed to provide a specific explanation as to how the outcome would have been manifestly different but for the alleged error, thus failing to meet the criteria for CUE.
- Claimed conditions
- degenerative arthritis of the thoracolumbar spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2025
- Citation
- A25102528
Veterans Law Judge
Decisions by this judge: 705 · Granted: 38% (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 A25102528.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his physical limitations could be accommodated by sedentary employment.
- Granted
The Veteran's back disability (degenerative arthritis of the thoracolumbar spine) is granted as service connected.,The Veteran's bilateral lower extremity radiculopathies (RLE and LLE sciatic radiculopathy) are granted as secondary to her back disability.,The Veteran's chronic sinusitis is remanded due to a lack of verification of the TERA exposure.
- Granted
The Veteran's claim for service connection for a back disability, right and left lower extremity radiculopathy is granted. The Board found that the Veteran's current disabilities are due to his service-connected back disability.
- Dismissed
The Veteran's appeal for service connection on multiple conditions was dismissed due to the absence of a decision addressing tinnitus. The issues of hypertension, sinus condition, bilateral eye condition, right wrist disability, and bilateral hand, arm, elbow, and shoulder disabilities were withdrawn by the Veteran.
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