Berta Posted January 23, 2008 Share Posted January 23, 2008 from:http://www.va.gov/vetapp07/files3/0722335.txt "ORDER The July 1988 rating decision which denied the veteran's request to reopen his previously denied claim of entitlement to service connection for a right testicular disability on a secondary basis was clearly and unmistakeably erroneous. The CUE claim is granted." There are 1151 CUE claims decided by the BVA for 2007- and they dont have all 2007 decisions posted yet- certainly some of them have been granted. This one might involve only a small rating- but almost 20 years of retro makes it a great outcome for this vet. Link to comment Share on other sites More sharing options...
carlie Posted January 23, 2008 Share Posted January 23, 2008 Berta, Good post for those denied on reopen of claim, also great for caselaw. Thanks, carlie Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted January 23, 2008 HadIt.com Elder Share Posted January 23, 2008 Not to mention that it clould also be a protected rating with the 20 year rule. Link to comment Share on other sites More sharing options...
carlie Posted January 23, 2008 Share Posted January 23, 2008 john, VERY IMPORTANT POINT !!!! Link to comment Share on other sites More sharing options...
Ricky Posted January 25, 2008 Share Posted January 25, 2008 Berta - not to change the subject of this post - however, by reading the post a couple of times a veteran can gain ideals of how to argue a point with the board. Such ideals include those dreaded "do it in a jiffy rating decision" which is followed by a "speedy gonzales cut and pasted SOC". It won't give you an easy word for word argument but with a little creativity one can gain the knowledge from these post to effectively argue just about any point during a hearing. As an example this one talks about a "rating decision that is brief and vague in the extereme". My point here is that we all know and try to transmit to a hearing officer that both the damn rating decision and SOC don't say crap. Now I know how to boardize the term etc....... Just a thought. Thanks for the research time you spend on items such as this. Link to comment Share on other sites More sharing options...
Question
Berta
from:http://www.va.gov/vetapp07/files3/0722335.txt
"ORDER
The July 1988 rating decision which denied the veteran's
request to reopen his previously denied claim of entitlement
to service connection for a right testicular disability on a
secondary basis was clearly and unmistakeably erroneous.
The CUE claim is granted."
There are 1151 CUE claims decided by the BVA for 2007- and they dont have all 2007 decisions posted yet-
certainly some of them have been granted.
This one might involve only a small rating- but almost 20 years of retro makes it a great outcome for this vet.
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