Bva - Unusual Cue Granted

[carlie]

I found this BVA granted CUE to be very unusual because

it refers several times to Reasonable Doubt.

carlie

http://www.va.gov/vetapp08/files2/0814960.txt

[carlie]

bump

[Rockhound]

Carlie, If I knew you better I'd give you several XXX, LoL This case bares directly upon my new claims decision. I have two painful scars, one on each side of my nose. They are the secondary problems relating to my most resent won claim for a fracture nasal bone with deviated septum due to trauma. If I should prevail in this new claim for the painful scars, I should receive two additional

10% awards, one for each painful scar.

If I should prevail, that would give me three 10% awards. VA math/calculator has that at 27.1 percent I believe and rounded up to 30%.

Pick, Pick Pick, I'm going to pick away at them this time until I get what I feel I deserve. Even if I should end up with 100%, I am going ahead somehow and prove a CUE claim against them for an EED, but that can wait for now. for now, It's Pick, Pick, Pick. LoL :D

Rockhound Rider B)

[Angela]

Carlie,

You rock!

I'm so glad you found this! It is the first BVA decision I've seen that applies the CUE rules the way they were actually written and explained in the Russell decision and intended to be applied (by Congress). Thanks so much for posting it here!

Here's another BVA decision you might want to read. Not nearly as well written as the one you found, but still interesting, and refers to CVA decision.

http://www.va.gov/vetapp08/files1/0803609.txt

Oh, and here's one that deals w/improper severance of service connection...

http://www.va.gov/vetapp08/files1/0806253.txt

[deltaj]

I found this BVA granted CUE to be very unusual because

it refers several times to Reasonable Doubt.

carlie

http://www.va.gov/vetapp08/files2/0814960.txt

This is a very interesting case, Carlie. Thank you for posting it.