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Two Cues Granted At Bva


Berta

Question

Maybe I posted these before? They bear repeating:

http://www.va.gov/vetapp06/files4/0620947.txt

"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."

and

http://www.va.gov/vetapp06/files3/0611534.txt

"In sum, the Board committed error by failing to properly

consider the line of duty determination, which found that the

veteran had sustained a back injury during INACDUTRA, as

binding and failing to consider that the inservice injury was

productive of disability, ultimately requiring his separation

from service. Whether the veteran had a back disability from

a motorcycle accident or other incident prior to the May 2,

1982, injury is essentially irrelevant as the evidence

clearly and unmistakably shows that the inservice injury,

alone, was disabling. Given the aforementioned, it is

concluded that the Board's January 1986 decision, denying

service connection for a back disability, was the product of

CUE.

ORDER

The motion for revision or reversal of the January 1986

decision of the Board on the basis of CUE is granted."

Two excellent claims.

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