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ptsd Clear And Unmistakable Error
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Question
Berta
One of my vet org vets just asked me all this and I have problems finding my past CUE posts under the search thing.
But maybe -as a new topic -this will help others find the legal bases for CUE-
Failure of VA -in final decision- to use presumption of aggravation of service connection regulations in existence at time of alleged CUE-in regards to a pre-existing disability as aggravated by service :
see Joyce V Nicholson, Sondel V. West , Akins V Derwinski.
Failure of VA-in a final VA decision-to proper apply the Rating schedule and proper diagnostic code to a disability- which by medical evidence-should have been rated higher-
see Bentley V. Derwinski- The CAVC in this case reversed a BVA statement that there was no CUE in a 1960 BVA decision-as the VA had awarded 40% yet the medical evidence warranted 60%.
Failure of VA in a final decision to apply a statute correctly-
see Look V Derwinski- VA improperly applied 1151 to the veteran's detriment and it prejudiced the veteran's rights.
Failure of the VA to assign in a final decision- the proper rating by medical evidence:
see Myler V Derwinski-and Beyrle V Brown.
In Myler the CAVC emphatically awarded this veteran 30% retro from 1991 back to 1953.
Failure by VA- in final decision involving reductions in VA awards- to apply or follow revelant regulations.
See Olson V. Brown, Ternus V. Brown ,Sorakubo V Principi and also there is a great BVA CUE award to a PTSD vet that I posted at hadit previously-
Hope this makes it easier to find in the hadit search button-
If I put just CUE there- my search request cannot be processed.
Edited by BertaGRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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