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tdiu Two Cues Granted At Bva
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Berta
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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