Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
ptsd Three There Are 202 Bva Decisions So Far In 2014 At The Bva Web Site. This Is A Long Read But A Winner: (It Also S 2014 Cue Awards At Bva
Rate this question
Question
Berta
There are 202 BVA decisions so far in 2014 at the BVA web site.
This is a long read but a winner:
(it also shows how important the proper characterization of a disability is)
In Part:
"Thus, as the August 2007 rating made the same mistake as the February 2009 decision which the RO found to contain CUE, the Board finds that the August 2007 decision likewise contains CUE. Having found CUE in the August 2007 rating decision, the effective date for the grant of service connection for degenerative joint disease of the left knee, characterized by instability, should be June 1, 2007, the first day after the Veteran's discharge from service, which is consistent with the effective dates assigned for the other grants of service connection made in the August 2007 rating decision. The effective date of 38 C.F.R. § 3.105 errors is the date from which benefits would have been payable if the corrected decision had been made on the date of the reversed decision. 38 C.F.R. § 3.400(k)."
ORDER
Entitlement to an effective date earlier than December 23, 2008, for the grant of service connection for muscle injury, Muscle Groups XI and XII, is denied.
Entitlement to an effective date earlier than December 23, 2008, for the grant of separate compensable ratings for service-connected scars, left knee and calf (previously evaluated as left lower extremity crush injury scars), is denied.
Entitlement to an effective date of June 1, 2007, for the grant of service connection for degenerative joint disease, left knee, characterized by instability, is granted.
http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files1/1410070.txt
----------------------------------------------------
This is a widow's recent successful CUE claim:
In part:
"Having determined that there is CUE with respect to the January 2003 rating decision's assignment of a July 9, 2002, effective date for the Veteran's TDIU award, and that the revised effective date is properly June 7, 2002, the Board has considered the evidence of record under the pertinent laws and regulations discussed above. The Board finds that the appellant is entitled to DIC benefits as the requirements of 38 U.S.C.A. § 1318 are now clearly met. The revised effective date for the Veteran's TDIU award results in his having been in receipt of compensation at the 100 percent rate due to service-connected disability for 10 or more years prior to his death. Accordingly, the appeal for DIC benefits under § 1318 is granted."
ORDER
Entitlement to nonservice-connected death pension is dismissed.
Entitlement to 38 U.S.C. § 1318 DIC is granted.
Entitlement to service connection for the Veteran's cause of death is denied.
http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files1/1400818.txt
------------------------------------------------------------
one more (PTSD)
"ORDER
On the basis of CUE in an RO decision of March 2000, an effective date of August 19, 1999, is granted for entitlement to service connection for PTSD. "
http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files1/1413012.txt
Link to comment
Share on other sites
Top Posters For This Question
1
Popular Days
May 17
1
Top Posters For This Question
Berta 1 post
Popular Days
May 17 2014
1 post
0 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now