Alfred Brown V. Togo West 98-7071

[deltaj]

This federal circuit decision, decided in 2000, seems to state that a veteran with a final BVA decision must allege clear and unmistakable error in a final Board decision in order to overturn that decision. It also appears that if the veteran comes up with a new CUE argument not previously considered BVA's decision does not subsume the earlier RO decision. Frankly, I don't understand this fully but it's an informative case since the federal circuit vacated the lower court's decision and remanded the case for consideration on the issue whether the 1945 rating schedule for certain conditions should have applied to the VARO's 1947 rating decision.

Edited August 19, 2009 by deltaj (see edit history)

[carlie]

delta,

Do you have a link you can post ?

carlie

[Commander Bob]

delta,

Do you have a link you can post ?

carlie

Is this the case cited?

http://www.ll.georgetown.edu/federal/judic...ns/98-7071.html

Edited August 19, 2009 by Commander Bob 92-93 (see edit history)

[deltaj]

Is this the case cited?

http://www.ll.georgetown.edu/federal/judic...ns/98-7071.html

This is the case and I think you for posting the link. The great tragedy here is that Alfred Brown died in 2002 after the federal circuit remanded the case back to the U.S. Court of Veterans Appeals in 2000. See case number 96-114 Alfred L. Brown v. Anthony Principi. Brown was arguing that the 1945 rating schedule should have been used in the 1947 decision. After Brown's death one judge chose to comment in the decision that had the veteran lived he (the judge) believed that the decision would have been overturned and a combined rating of 80% would have been achieved. He added that neither the court nor the secretary had the power to grant equitable relief after the veteran's death.

Edited August 25, 2009 by deltaj (see edit history)