Bva - Cue Granted - Preexisting & Aggravation

[carlie]

http://www.va.gov/vetapp14/Files1/1410978.txt

"As all three criteria for establishing CUE have been met, the Board finds that CUE was committed in the July 1975 Board decision denying service connection for pes planus and that reversal of that decision is warranted. See Stallworth, supra; Damrel, supra; Russell, supra. This finding has the same effect as if the grant of service connection for the Veteran's pes planus had been made at the time of the July 1975 decision."

[Berta]

GREAT Find Carlie!

We had a vet here yesterday or this AM who needed info on aggravation of a pre existing condition.

I posted a different BVA CUE for him to read over.Forget where that post is.....

[ketchup56]

Great fine.....I also was just awarded s/c for aggravation.Took all the way to BVA for the varo to understand "clear and unmistakable evidence"standard. They get beat 9 out of 10 in these type cases.

[Navy04]

Carlie and Berta as usual you Gals always seem to find a new way to amaze me.

[63SIERRA]

excellent info, it looks like it is the va that is required to prove thier case when it comes to aggravation of injuries. presumption of soundness is an iron fist for the most part in the veterans hand .

this is the magic paragraph

{ Thus, under current law, the presumption of soundness in the Veteran's case is rebutted only if there is clear and unmistakable evidence that the disease in question existed prior to service and if there is clear and unmistakable evidence that any preexisting condition was not aggravated by service. }

Edited July 19, 2014 by 63SIERRA