Cue Granted - Bva Decision Date: 07/18/11

[carlie]

BVA Decision Date: 07/18/11

THE ISSUE

Whether the February 15, 1977, decision of the Board of Veterans' Appeals (Board) that denied restoration of service connection for a psychiatric disorder, should be revised or reversed on the grounds of clear and unmistakable error (CUE).

CONCLUSION OF LAW

The February 15, 1977, Board decision was clearly and unmistakably erroneous. 38 U.S.C.A. § 7111 (West 2002); 38 C.F.R. §§ 20.1403, 20.1406 (2010).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

In sum, while citing the standard for CUE, the Board instead adjudicated the merits of service connection, as if the appeal were before it on a de novo basis. Thus, the Board did not correctly apply the law, and the Board's failure to do so manifestly changed the outcome of the appeal. Had the Board correctly analyzed the issue before it in its February 15, 1977, decision, the Board would have concluded that there was a tenable basis in the record for service connection for schizophrenia. Under these circumstances, the Veteran would have been entitled to restoration of service connection for schizophrenia from June 1, 1975, the effective date of the termination of that benefit. Accordingly, the Board concludes that there was CUE in the February 15, 1977, Board decision denying restoration of entitlement to service connection for schizophrenia. Hence, the motion for reversal of that decision must be granted.

ORDER

As CUE has been found in the February 15, 1977, Board decision denying restoration of service connection for schizophrenia, effective June 1, 1975, entitlement to service connection for schizophrenia is reinstated.