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Applying the Law in Effect at the Time
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kevlarsamurai
Greetings,
My remand is going back to the board after a partial grant. I have some questions please.
First being, where on line can I view the actual text of the amendments to Title 38?
I have a unique scenario... unique to me anyways. The title was amended with regard to my diagnostic code in 1975 and 1996. My CUE was granted by the RO as service connected back to 1995. But they used the rating criteria (I think) in effect for 2018. In 1975, it looks like there was a change to the schedule of rating and another in 1996. The one in 1996 is based on Pulmonary Functions Tests for rating where as it looks like in 1975 it was symptoms/exacerbations/etc. But I can't find the verbiage.
Second being, which rules would apply? The original decision was made just before the 1996 rules went into effect. But now that it is a CUE... I am unclear.
Third... Do I need to modify my appeal to reflect the CUE decision? I know the BVA is composed of pretty smart folks, but I also know that my appeal needs to be clear and concise.
My problem is that I have no PFT's on record and it wasn't the standard back then either. I was granted a partial EED to the earlier PFT. Thanks for any assistance.
S/
K
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kevlarsamurai 9 posts
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Berta
If you are remanded, I dont see how you can raise a CUE with the BVA at this point-unless they made a CUE in the remand... This is the VA Schedule of ratings, the diagnostic codes etc are about h
Berta
" As we know, a CUE has to be worked with the evidence of the time and the law at the time... at least that is my interpretation" That is correct- but a CUE rests on established medical evidence that
vetquest
By all means send the SSDI decision to the VA. If you are awarded based on a service connected disability they are required to consider this information.
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