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2 Recent Cue Awards At The Bva

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Berta

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sorry if someone posted these already:

http://www.va.gov/vetapp10/Files6/1047000.txt

"

ORDER

The reduction in the evaluation of the Veteran's service-

connected schizophrenia from 30 percent to noncompensable

effective March 1, 1975 was clearly and unmistakably erroneous

(CUE), and the appeal is allowed.”

http://www.va.gov/vetapp10/files3/1026508.txt

CUE back to 1985

“Conclusion

There was no CUE in the RO's application of 38 C.F.R. § 4.25 for

combining separate ratings for the Veteran's service-connected

burns and burn scars in the April 4, 1985, rating decision.

The Board concludes that there was CUE in the April 4, 1985,

rating decision which failed to consider evidence showing that

the Veteran was entitled to a disability rating pursuant to 38

C.F.R. § 4.118, Diagnostic Code 7801 (1984) for third degree

burns of the left and right hands.

The issue of whether there was error in the RO's calculation of

the Veteran's combined rating under 38 C.F.R. §§ 4.25, 4.26 is

moot.

ORDER

The April 4, 1985, rating decision which assigned the Veteran

separate 10 percent evaluations under 38 C.F.R. § 4.118,

Diagnostic Code 7802 for second degree burns to the right and

left hands contained CUE; the RO failed to consider evidence

showing that the Veteran was entitled to a disability rating

pursuant to 38 C.F.R.

§ 4.118, Diagnostic Code 7801 (1984) for third degree burns of

the left and right hands.”

GRADUATE ! 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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