Odd 2006 Bva Case

[Berta]

http://www.va.gov/vetapp06/files1/0601274.txt

Apparently the VA Cued themselves- as they had erroneously granted SC death (DIC) then realised it was error.

Only part of this is posted at the BVA-?????

This one a 2006 CUE claim-denied-is from my POA-

the veteran failed to state the regs they broke-one of the main reasons for CUE denials-

http://www.va.gov/vetapp06/files2/0601611.txt

I need to edit this- I just found in BVA 2006 decisions one of the strangest cases I ever saw:

http://www.va.gov/vetapp06/files1/0600420.txt

The veteran was a POW during WWII:

In a December 1976 Forfeiture Decision, the RO determined

that the veteran had forfeited all rights, claims and

benefits to which he might otherwise be entitled under laws

administered by VA. The RO based its decision on a finding

that the veteran's sustained membership and service of

approximately one year in the Japanese sponsored and

controlled Bureau of Constabulary during the enemy occupation

of the Philippines in 1943 and 1944 was of assistance to the

Imperial Japanese Military Forces. In a letter dated the

same month, the RO notified the veteran of the Forfeiture

Decision and of his appellate rights with regard to the

decision. The veteran did not, however, appeal it to the

Board. The December 1976 Forfeiture Decision is thus final.

38 U.S.C. § 4005© (1976); 38 C.F.R.

§§ 3.104, 19.118, 19.153 (1976). The veteran now claims that

the December 1976 Forfeiture Decision should be revised or

reversed on the basis that it involves CUE.

(The veteran did not succeed)

Edited April 14, 2006 by Berta