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carlie

Some Interestings C&ue Claims For Research

Question

http://www4.va.gov/vetapp09/files3/0919324.txt

ORDER

The rating decision of December 1962 contained clear and

unmistakable error by assigning an effective date of June 11,

1962 for the grant of service connection for a right shoulder

disorder, and an effective date of August 10, 1949 is

granted.

http://www4.va.gov/vetapp09/files4/0926735.txt

ORDER

Severance of entitlement to compensation under 38 U.S.C.A.

§ 1151 for headaches was not proper, and restoration of the

benefit is granted.

Severance of entitlement to compensation under 38 U.S.C.A.

§ 1151 for a right elbow olecranon contusion was not proper,

and restoration of the benefit is granted.

The following BVA decision does not grant C&UE for anything

but I find the claim very interesting as it shows many different

issues and the why's of why the claims for C&UE have been denied.

This is a long read but worth it for the research.

http://www4.va.gov/vetapp09/files4/0928574.txt

ORDER

There was no clear and unmistakable error in VA Form 21-526,

Veteran's Application for Compensation or Pension, submitted

in February 1945, addressing "Nature of Disease/Injury" for

accrued purposes, and such claim is denied.

There was no clear and unmistakable error in the February 26,

1945, letter from the United States Coast Guard stating the

Veteran was discharged due to "physical disability" for

accrued purposes, and such claim is denied.

There was no clear and unmistakable error in the March 1945

Rating Sheet stating the Veteran's discharge diagnosis was

Constitutional Psychopathic State and VA was to determine

"true diagnosis" for accrued purposes, and such claim is

denied.

There was no clear and unmistakable error in the May 1945 VA

Medical Form 2545, Report of Physical Examination stating,

"Illnesses - none" and "Operations - Sinus 1942 Nasal Drip

left side 1943" for accrued purposes, and such claim is

denied.

There was no clear and unmistakable error in the May 1945 VA

Medical Form 2545, Report of Physical Examination in

paragraphs 10, 11, 12, and 13 for accrued purposes, and such

claim is denied.

There was no clear and unmistakable error in the May 1945 VA

Medical Form 2545, Report of Physical Examination showing a

history of "Constitutional psychopathic state, emotional

instability, had been nervous all of his life, his hands

always shook, he never slept well," and such claim is denied

There was no clear and unmistakable error in the May 1945

rating decision, which assigned a 10 percent evaluation for

psychoneurosis, anxiety neurosis, for accrued purposes, and

such claim is dismissed.

There was no clear and unmistakable error in the May 1945

rating decision denying service connection for constitutional

psychopath with emotional instability for accrued purposes,

and such claim is dismissed.

There was no clear and unmistakable error in the May 1945

rating decision, which failed to adjudicate claims for

service connection that were reflected in the Veteran's

service treatment records for accrued purposes, and such

claim is dismissed.

There was no was clear and unmistakable error in the April

1947 rating decision reducing the evaluation for

psychoneurosis, anxiety, to noncompensable for accrued

purposes, and such claim is dismissed.

There was no clear and unmistakable error in the April 1947

rating decision noting that the diagnosis of constitutional

psychopath with emotional instability was a constitutional or

developmental defect for VA purposes for accrued purposes,

and such claim is dismissed.

There was no clear and unmistakable error in VA's failure to

adjudicate a 1969 claim for increase and a claim for service

connection for hearing loss for accrued purposes, and such

claim is denied.

There was no clear and unmistakable error in VA's failure to

adjudicate a 1971 claim for increase for accrued purposes,

and such claim is denied.

There was no clear and unmistakable error in a January 1977

VA neuropsychiatric screening examination report referencing

a November 1976 report, for accrued purposes, and such claim

is denied.

There was no clear and unmistakable error in VA's failure to

adjudicate an August 1976 claim for increase for accrued

purposes, and such claim is denied.

There was no clear and unmistakable error in the December

1977 rating decision denying service connection for hearing

loss for accrued purposes, and such claim is dismissed.

There was no clear and unmistakable error in the October 1994

rating decision denying service connection for multiple

sclerosis for accrued purposes, and such claim is dismissed.

There was no clear and unmistakable error in the October 1994

rating decision denying reopening the claim for entitlement

to service connection for hearing loss for accrued purposes,

and such claim is dismissed.

There was no clear and unmistakable error in the October 1994

rating decision denying service connection for hypertension,

and such claim is dismissed.

There was no clear and unmistakable error in the October 1994

rating decision denying service connection for tachycardia,

and such claim is dismissed.

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