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Reduction due to preexisting condition
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Question
Vync
Given this situation:
Entrance exam
Decision letter text:
Rating criteria
This recent BVA CUE win stated the denial was based on verbal statements instead of the presumption of soundness and criteria for aggravation was incorrectly used instead of direct SC.
http://www.va.gov/vetapp14/Files3/1422654.txt
Question 1
Could the same CUE logic be applied if subjective statements in STRs by the veteran are given more weight than the presumption of soundness and the claim was treated as aggravation instead of direct SC?
Question 2
If the VA states "the difference between disability evaluations before and after military service determines the degree of disability subject to SC", did the VA correctly reduce by 10% or should 0% have been used because the entrance exam failed to meet 10% criteria?
Thanks
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Vync 1 post
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