Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
- 0
tdiu Tdiu Cue
Rate this question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
Rate this question
Question
Berta
Most CUEs at the BVA fail-but some certainly do succeed.
"ORDER
The motion for reversal and revision of the July 8, 1981,
decision of the Board which denied the veteran' TDIU benefits
is granted. "
from : http://www.va.gov/vetapp07/files1/0708830.txt
In 1979 the vet, in receipt of TDIU, received a letter that terminated his TDIU.
I dont know why he waited so long to challenge that with a CUE but in this 2007 decision- the BVA found obvious clear and unmistakable error in the termination.
FINDINGS OF FACT
1. By decision of the Board in July 1981, the Board upheld
the termination of a TDIU rating.
2. The July 1981 Board decision failed to apply the proper
statutory or regulatory provisions at the time, such that the
outcome of the claim would have been manifestly different but
for the error.
"CONCLUSION OF LAW
The Board decision of July 8, 1981, which upheld the
termination of a TDIU rating, by denying the claim of a TDIU,
contains CUE. 38 U.S.C.A. § 7111 (West 2002); 38 C.F.R.
§§ 20.1400, 20.1403, 20.1404 (2002). "
The BVA made the CUE error as well as the RO.His Motion was filed with the BVA on this.
The veteran is owed 26 years of TDIU by the VA.
(I cannot tell if this vet does get VA comp for anything else- if he does get something they will subtract those comp amounts from the TDIU for 26 years.
It still would give this vet a very large retro payment.)
This case might help someone out there.
Link to comment
Share on other sites
Top Posters For This Question
1
Popular Days
Sep 24
1
Top Posters For This Question
Berta 1 post
Popular Days
Sep 24 2007
1 post
0 answers to this question
Recommended Posts