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Berta

Great CUE back to 1976

Question

The BVA does not make anywhere near the legal errors that we get from the ROs.

 

This was a Motion to CUE a BVA decision made in 1976.

 

The veteran’s SC for a psychiatric condition had been upheld as terminated in a BVA 1976 decision.

 

As this fairly recent (2015) BVA award shows

 

NOTHING is impossible…it all just takes leg work and using the regulations to our advantage, not theirs.

 

“In sum, while citing the standard for CUE, the Board instead adjudicated the merits of service connection, as if the appeal were before it on a de novo basis.  Thus, the Board did not correctly apply the law, and the Board's failure to do so manifestly changed the outcome of the appeal.  Had the Board correctly analyzed the issue before it in its April 1976 decision, the Board would have concluded that there was a reasonable basis in the record for service connection for a psychiatric disorder.  Under these circumstances, the Veteran would have been entitled to restoration of service connection for a psychiatric disorder from August 31, 1975, the effective date of the termination of that benefit.  Accordingly, the Board concludes that there was CUE in the April 1976 Board decision denying restoration of entitlement to service connection for a psychiatric disorder.  Hence, the motion for reversal of that decision must be granted.

 

 

ORDER

 

As CUE has been found in the April 1976 Board decision denying restoration of service connection for a psychiatric disorder, effective August 31, 1975, entitlement to service connection for a psychiatric disorder is reinstated.”

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files6/1551680.txt

39 years of retro!!!!! I guess the RO did a Fenderson rating,....maybe they are even still working on that.

The vet obviously had a rating in 1976 that surely got worse. in the following years after they took away his comp.

His retro award would have to account for that. His EED is now August 31, 1975. Yippee for him!

 

 

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That's awesome!

Let's hope the veteran did not go into cardiac arrest when they got the good news...

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