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Berta
http://www.va.gov/vetapp92/files3/9222216.txt
I found this case to make a point to Angela's post -
and it is interesting-for anyone with a CUE claim-
The BVA got the case in 1992 and due to finding of CUE the veteran was awarded 10% by the BVA for over 20 years retro back to the 1972 erroneous VA decision.
This is a good example of a successful collateral attack on a past ,final VA decision.
There are many successful CUEs awarded at ROs, BVA, and even the CAVC.
Often the BVA might dismiss a CUE without prejudice as the veteran has not been specific enough in it- yet that gives the veteran another chance for CUE.
CUES on BVA decision-I suggest getting the VBM to prepare this type of CUE as it could have been subsumed by a prior BVA decision-
I think the Motion that someone at VARO filed on my behalf at the BVA might be in this situation-something subsumed already-the BVA has no idea what decision this Motion was filed on.
Neither does my vet rep or anyone at 800#.
If would be ironic- after all the years I have been a claimant-in the 1980s, the 1990's and since 2003-if the
MF- the Mysterious Force themself (the one who always removes my evidence from the c file)
had filed this Motion at the BVA -in my behalf.
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