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90-1398 Richard Heerdt V. Edward Derwinski
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deltaj
This was an interesting case decided November 12, 1991 in which the U.S. Court of Veterans Appeals stated that V.A.'s failure to consider 38 CFR 3.343 (a) and 38 CFR 3.344 (a) rendered the decision to reduce the veteran's 100% rating void ab initio. Furthermore, it appears that the decision to reduce the rating without regard to those regulations was clear and unmistakable error under 38 CFR 3.105. THIS WAS A WIN FOR THE VETERAN ON AN ILLEGAL REDUCTION OF RATING.
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