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Two Recent Cues Granted By Bva


Berta

Question

"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

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  • HadIt.com Elder

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 by Josephine (see edit history)
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Guest fla_viking

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

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  • In Memoriam

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.

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