Cue (On Not Preexisting) Back To 1949

[Berta 3,010]

Cue back to 1949- the VA MUST have clear and unmistakable evidence to deem a condition as "pre-existing".

This resulted from a CUE Motion filed against the BVA. Those motions usually fail but this vet had the evidence he needed.

http://www.va.gov/ve...les/0300857.txt

“Therefore, the Board's April 1949 decision, which found

CUE in the original grant of service connection for

retinitis pigmentosa, and denied restoration of service

connection for retinitis pigmentosa, was an improper

application of the governing law and regulations in

existence at that time.

Moreover, on the September 1943 eye consult in service the

specialist specifically found that the congenital eye

condition did not preexist service, which conflicts with

the October 1943 report of Medical Board Officers who

summarily and without explanation found that the condition

existed prior to service without aggravation therein. “

ORDER

As there was CUE in the April 1949 Board decision which

denied restoration of service connection for retinitis

pigmentosa, the motion for reversal of that decision is

granted.

Edited December 5, 2012 by Berta