Berta Posted October 12, 2006 Share Posted October 12, 2006 "FINDINGS OF FACT 1. A November 1983 Board decision denied service connection for residuals of a postoperative discectomy at L3-L4. 2. In January 1986, the Board found that the previously denied claim of service connection for a low back disability had been reopened by submission of new and material evidence but determined that the evidence of record did not establish a new factual basis for granting service connection. 3. Of record before the Board in January 1986 was a March 1985 service department investigation report which determined that the veteran sustained a back injury on May 1, 1982, in the line of duty. 4. Evidence on file at the time of the Board's January 1986 decision undebatably shows that the inservice back injury during INACDUTRA was productive of disability. 5. The January 1986 Board decision involved misapplication of the law or VA regulation to the extent that it did not accept the March 1985 investigation report as binding on VA, and the misapplication of law resulted in an undebatably incorrect decision." from: http://www.va.gov/vetapp06/files3/0611534.txt This veteran had clear evidence of line of duty injury that the BVA had initially failed to consider. This one is great! http://www.va.gov/vetapp06/files4/0620947.txt "In the February 1982 decision, the Board concluded that the schedular criteria for an increased rating for schizophrenia had not been met and that the schizophrenia did not preclude substantially gainful employment" However: The Board's decision of February 1982 involved CUE with regard to both the reduction of the 70 percent rating for schizophrenia and the TDIU termination. Accordingly, the February 1982 Board decision is reversed and the RO is directed to reinstate the 70 percent rating for schizophrenia, effective the date of the reduction, and to reinstate the veteran's former TDIU rating, with an effective date of May 1, 1980, the date that the TDIU rating was terminated. ORDER Restoration the 70 percent rating for schizophrenia and the TDIU rating on the basis of CUE in the Board's decision of February 11, 1982, is granted. (26 years of retro---I sure am glad the veteran fought this) decided July, 2006. ____________________________________________ Gary L. Gick Veterans Law Judge, Board of Veterans' Appeals Link to comment Share on other sites More sharing options...
Guest jstacy Posted October 12, 2006 Share Posted October 12, 2006 Hot dog, I love it when a plan comes together. What a Retro. Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted October 12, 2006 HadIt.com Elder Share Posted October 12, 2006 (edited) Berta, I have so pleased!! As I posted, I do believe that chances are on the way. I am so pleased that my claims file is back at the medical center for that male psychiatrist to give the complete rationale of the decision to deny me. I never thought that the Appeals Management Center, by way of the remand of the BVA would really send it back to them. I was pleased when I found out that he didn't sign the C&P which the lady Psychiatrist authored. He is over the Psychiatric Department and she works under him. She lied so badly and commited fraud in the eyes of any laws. It appears that veterans are beginning to win their rights. I believe that John will be the next success story to post and hope that I can soon.. Berta, thanks for posting this, as it gives me hope. Thanks. Joephine Edited October 12, 2006 by Josephine Link to comment Share on other sites More sharing options...
Guest fla_viking Posted October 15, 2006 Share Posted October 15, 2006 Dear Fewllow Veterans & Friends The problem with VA law is it depends on the man reviewing your claim. ITs been noted before that the same set of facts will get differnt rulings from differnt VA officals. I cited a coupel cases decided by VA law and courts that were the same as mine and I was denied by the BVA who ignored the major issues before them. Terry Higgins Link to comment Share on other sites More sharing options...
In Memoriam Stretch Posted October 17, 2006 In Memoriam Share Posted October 17, 2006 It seems like the first case, the Veteran, was represented by a lawyer for his back-pain claim. The second case was represented by the VVA, in his claim for the indiscriminate reduction of rating and removal of TDIU. No VSO would have won the first case. The only VSO that would have won the second case, is the VVA or someone else not connected to a VSO. I would like to see the BVA representative, who reduced the rating and removed the TDIU, do a little jail time (10 years), and barred, forever, from being involved with law or Veterans in manner. Link to comment Share on other sites More sharing options...
Question
Berta
"FINDINGS OF FACT
1. A November 1983 Board decision denied service connection
for residuals of a postoperative discectomy at L3-L4.
2. In January 1986, the Board found that the previously
denied claim of service connection for a low back disability
had been reopened by submission of new and material evidence
but determined that the evidence of record did not establish
a new factual basis for granting service connection.
3. Of record before the Board in January 1986 was a March
1985 service department investigation report which determined
that the veteran sustained a back injury on May 1, 1982, in
the line of duty.
4. Evidence on file at the time of the Board's January 1986
decision undebatably shows that the inservice back injury
during INACDUTRA was productive of disability.
5. The January 1986 Board decision involved misapplication
of the law or VA regulation to the extent that it did not
accept the March 1985 investigation report as binding on VA,
and the misapplication of law resulted in an undebatably
incorrect decision."
from: http://www.va.gov/vetapp06/files3/0611534.txt
This veteran had clear evidence of line of duty injury that the BVA had initially failed to consider.
This one is great!
http://www.va.gov/vetapp06/files4/0620947.txt
"In the February 1982 decision, the Board concluded that the
schedular criteria for an increased rating for schizophrenia
had not been met and that the schizophrenia did not preclude
substantially gainful employment"
However:
The Board's decision of February 1982 involved CUE with
regard to both the reduction of the 70 percent rating for
schizophrenia and the TDIU termination. Accordingly, the
February 1982 Board decision is reversed and the RO is
directed to reinstate the 70 percent rating for
schizophrenia, effective the date of the reduction, and to
reinstate the veteran's former TDIU rating, with an effective
date of May 1, 1980, the date that the TDIU rating was
terminated.
ORDER
Restoration the 70 percent rating for schizophrenia and the
TDIU rating on the basis of CUE in the Board's decision of
February 11, 1982, is granted.
(26 years of retro---I sure am glad the veteran fought this) decided July, 2006.
____________________________________________
Gary L. Gick
Veterans Law Judge, Board of Veterans' Appeals
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
Popular Days
Oct 12
3
Oct 15
1
Oct 17
1
Top Posters For This Question
Stretch 1 post
Berta 1 post
Josephine 1 post
Popular Days
Oct 12 2006
3 posts
Oct 15 2006
1 post
Oct 17 2006
1 post
4 answers to this question
Recommended Posts