3.156 VA error - CUE instead !!!!!! 1992 EED!

[Berta]

"In light of the above, the Board finds that, in the August 20, 2009, rating decision granting service connection for schizophrenia, bipolar disorder aggravated by PTSD, the provisions of 38 C.F.R. § 3.156(c) were not correctly applied in determining the appropriate effective date; that the error was undebatable; and that, but for the error, an effective date of July 23, 1992—the day following the Veteran’s separation from service—would have been awarded for the grant of his September 1992 claim for service connection benefits. See 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. Accordingly, the August 20, 2009, decision contained CUE that has not been corrected by any subsequent VA action, and an effective date of July 23, 1992, for the grant of service connection for schizophrenia, bipolar disorder aggravated by PTSD, must be granted."

https://www.va.gov/vetapp18/files9/18132129.txt

WOW!!!!   This also shows how 38 CFR 3.156 and CUE are two distinct and separate theories of entitlement.

It is a long read but it shows how there are claims that could have been awarded at the RO level yet got stuck on the VA hamster wheel.

A beauty!!!!!!!!!!!!!!!!!!!!!!!!!

 

[broncovet]

Good point, Berta.  "Failure of VA to reopen due to 38 cfr 3.156" definately sounds like a "rare specific error".