Very Unusual C&ue Case

[carlie]

THE ISSUE

Whether the severance of service connection for hepatitis C

was proper.

Overall, the Board is satisfied that reasonable minds could

disagree about whether the Veteran's exposure to blood as a

medic in Vietnam lead to the hepatitis C infection. However,

severance requires that the evidence be clear and

unmistakable. As such, the conclusion that the Veteran

incurred hepatitis C as a result of service can not be deemed

clearly and unmistakably erroneous. VA has the burden of

proving that the grant of service connection was CUE, and

this burden has not been met. Restoration of service

connection for hepatitis C is warranted. This claim is

accordingly granted in full.

http://www.va.gov/vetapp09/files2/0916006.txt

[Berta]

Good case Carlie!

The VA -when they propose to reduce a rating- often calls a CUE on themselves by finding a past rating decision contained CUE and this is their basis to attempt reduction.

It sure doesn't always work.

ANY vet who gets a proposed reduction letter should definitely fight it and watch the deadlines for response.This way the vet can still maintain the receipt of their comp as they challenge the proposed reduction.

If they dont challenge the reduction proposal, after the brief response period they have-the first of the month will find them with no comp check at all or one that has been reduced.