"The Board applied incorrect laws and regulations at the time of the April 2017 decision at the time of its denial of the appeal; had such error of law not been made it would have manifestly changed the outcome in the appeal based on the record and law that existed at the time."
The Board applied incorrect laws and regulations at the time of the April 2017 decision at the time of its denial of the appeal; had such error of law not been made it would have manifestly changed the outcome in the appeal based on the record and law that existed at the time.
They awarded this:
"ORDER The motion for CUE in the April 2017 Board decision that denied effective dates prior to August 21, 2014 for the grant of service connection or a lumbar spine disability, service connection for right and left lower extremity radiculopathy, and service connection for a scar, is granted; the decision is revised to reflect an effective date of October 11, 1952 for the grant of service connection for the lumbar spine disability. An effective date of October 12, 1972, for the award of service connection for scar tissue on the lower back, is granted. An effective date of October 12, 1972, for the award of service connection for left lower extremity radiculopathy is granted. An effective date of August 1, 2010, for the award of service connection for right lower extremity radiculopathy is granted. The motion for CUE in a June 1953 rating decision that denied service connection for a lumbar spine disorder is dismissed as moot. The motion for CUE in a May 1973 rating decision that denied reopening the claim for service connection for a lumbar spine disorder is dismissed as moot."
Nothing is impossible- I wanted to explain this decision further but -yesterday it was 72 degrees here -and now I am in a major snowfall and will probably loose sat dish internet any minute,........ I think 99% of what I know about CUE has come from reading BVA decisions on CUE for years---their denials are just as important as their awards.
Question
Berta
There are 2887 BVA CUE deciswions for4 2016-2017- vets, more then ever , are filing CUE claims and appealing them at th BVA.
Many are denied but there are sure some that have been granted:
This is a recent CUE award:
https://www.va.gov/vetapp17/files9/1757167.txt
The board not only cued itself
"The Board applied incorrect laws and regulations at the time of the April 2017 decision at the time of its denial of the appeal; had such error of law not been made it would have manifestly changed the outcome in the appeal based on the record and law that existed at the time."
They awarded this:
"ORDER The motion for CUE in the April 2017 Board decision that denied effective dates prior to August 21, 2014 for the grant of service connection or a lumbar spine disability, service connection for right and left lower extremity radiculopathy, and service connection for a scar, is granted; the decision is revised to reflect an effective date of October 11, 1952 for the grant of service connection for the lumbar spine disability. An effective date of October 12, 1972, for the award of service connection for scar tissue on the lower back, is granted. An effective date of October 12, 1972, for the award of service connection for left lower extremity radiculopathy is granted. An effective date of August 1, 2010, for the award of service connection for right lower extremity radiculopathy is granted. The motion for CUE in a June 1953 rating decision that denied service connection for a lumbar spine disorder is dismissed as moot. The motion for CUE in a May 1973 rating decision that denied reopening the claim for service connection for a lumbar spine disorder is dismissed as moot."
Nothing is impossible- I wanted to explain this decision further but -yesterday it was 72 degrees here -and now I am in a major snowfall and will probably loose sat dish internet any minute,........ I think 99% of what I know about CUE has come from reading BVA decisions on CUE for years---their denials are just as important as their awards.
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