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Tdiu Cue


Berta

Question

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.

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