Recent ED SMC K CUE award

[Berta]

https://www.va.gov/vetapp19/files3/19118242.txt

The veteran got 3 remands as well.

[Berta]

Another recent BVA award, hereby the Motion for CUE was rendered moot because the BVA found the 1982 claim as still pending!

"CUE Assertion in June 22, 1982 RO Rating Decision Denying Service Connection for Cold Injury Residuals Previous determinations that are final and binding, including decisions of service connection and other matters, will be accepted as correct in the absence of CUE. Where evidence establishes such error, the prior rating decision will be reversed or amended. For the purpose of authorizing benefits, the rating or other adjudicatory decision which constitutes a reversal of a prior decision on the grounds of CUE has the same effect as if the corrected decision had been made on the date of the reversed decision. 38 C.F.R. § 3.105(a). For all the reasons discussed above, the June 22, 1982 RO rating decision denying service connection for cold injury residuals of the feet did not become final. Further, in the instant decision, upon de novo review, the Board finds that the RO erred in October 2010 when it assigned an effective date for the grant of service connection for cold injury residuals of the right and left feet of September 15, 2008.

As the June 22, 1982 rating decision was non final, and as the Board assigns an effective date of March 1, 1982 for the grant of service connection for cold injury residuals of the right and left feet, the earliest effective date available at law, the Board finds that the CUE motion has been rendered moot, and that dismissal of the CUE motion is warranted. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 3.105(a).

https://www.va.gov/vetapp19/files3/19116383.txt