The Veteran's motion to revise the August 2013 rating decision on the basis of clear and unmistakable error (CUE) is dismissed because the prior decision was not final.
The deciding factor: The prior rating decision was not a final adjudication as new evidence received within one year of the decision rendered it non-final.
- Claimed conditions
- left shoulder supraspinatus tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 27, 2026
- Citation
- A26039015
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 A26039015.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has granted service connection for left shoulder supraspinatus tear, impingement syndrome, rotator cuff tendonitis, and degenerative arthritis, finding that the evidence is approximately evenly balanced as to whether these disabilities began during active service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for right shoulder supraspinatus tear with degenerative joint disease of glenohumeral joint and left shoulder supraspinatus tear due to additional evidence obtained after the July 2019 Statement of the Case. The Veteran is also requested to undergo a VA examination to determine the nature and etiology of his bilateral shoulder conditions.
- Remanded (sent back)
The Veteran's claims for increased ratings for his left shoulder and lumbosacral paravertebral myositis are remanded due to inadequate examination reports. The VA examiner is instructed to provide estimates of additional range of motion loss during flare-ups, as well as the degree at which pain begins.
- Dismissed
The Veteran's appeal was dismissed due to his death, and no service connection decisions were made.
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