The Board remanded the claims, in part, in December 2008 so the RO could address motion for revision based on CUE in October 1998 and November 2003 rating decisions. The RO issued an October 2009 rating decision which denied both motions. The appellant then submitted a November 2009 Form 9, in which he reiterated an argument that the earlier determinations overlooked his IBS and assigned him an incorrect rating, and failed to conduct appropriate development in 2003, and improperly assigning a 30 percent rating for psoriasis. The Board finds that the appellant has disagreed with the October 2009 rating decision as to the determinations regarding CUE and evinced a desire for appellant review in using a VA Form 9. Remand for issuance of a Statement of the Case on the CUE motions is warranted. See Manlincon, supra.
The appellant's earlier effective date claims would be render moot if revision based on CUE is granted. Thus, they are intertwined with the CUE motions. See Harris, supra. The board defers again of those claims at this time.
Please keep in mind that I am just trying to get an earlier effective date of both issues. VA had the evidence in my file but failed to review my entire file. Since I was already awarded the increase I am just seeking to correct Va's' mistake in not reviewing my file. It sounds like BVA agrees with my claim but there are other issues that have to be address also. I am just interested in your thoughts on this part for now. As I said, once the remand comes available, I will post it and ask for more opinions.
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pacmanx1
The Board remanded the claims, in part, in December 2008 so the RO could address motion for revision based on CUE in October 1998 and November 2003 rating decisions. The RO issued an October 2009 rating decision which denied both motions. The appellant then submitted a November 2009 Form 9, in which he reiterated an argument that the earlier determinations overlooked his IBS and assigned him an incorrect rating, and failed to conduct appropriate development in 2003, and improperly assigning a 30 percent rating for psoriasis. The Board finds that the appellant has disagreed with the October 2009 rating decision as to the determinations regarding CUE and evinced a desire for appellant review in using a VA Form 9. Remand for issuance of a Statement of the Case on the CUE motions is warranted. See Manlincon, supra.
The appellant's earlier effective date claims would be render moot if revision based on CUE is granted. Thus, they are intertwined with the CUE motions. See Harris, supra. The board defers again of those claims at this time.
Please keep in mind that I am just trying to get an earlier effective date of both issues. VA had the evidence in my file but failed to review my entire file. Since I was already awarded the increase I am just seeking to correct Va's' mistake in not reviewing my file. It sounds like BVA agrees with my claim but there are other issues that have to be address also. I am just interested in your thoughts on this part for now. As I said, once the remand comes available, I will post it and ask for more opinions.
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