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recent CUEs granted by BVA -

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Berta

Question

I periodically check the BVA for any successful CUE awards there-the BVA from 2020 up to mid 2021 has decided 4,373 CUE claims.
Here are some winners I did not post here before.

1.
"the Board finds that revision based on CUE is warranted and entitlement to an earlier effective date is warranted."
( retro from August 2008 back to November 1990 )
https://www.va.gov/vetapp21/files5/a21009922.txt
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2.
ORDER

The Veteran's October 2000 notice of disagreement (NOD) was neither timely nor valid as to a December 2000 rating decision that reduced the evaluation for low back strain with degenerative changes and limitation of motion from 60 to 20 percent.  

The Board finds clear and unmistakable error (CUE) in the December 2000 rating decision that reduced the Veteran's evaluation for low back strain with degenerative changes and limitation of motion from 60 percent to 20 percent from March 1, 2001; the December 2000 rating decision is revised, resulting in restoration of the 60 percent disability rating under then-existing diagnostic code 5293 from March 1, 2001.   

https://www.va.gov/vetapp21/files5/a21008740.txt

3)

ORDER

"Due to a clear and unmistakable error (CUE), the June 17, 1986, decision of the Board of Veterans' Appeals (Board) is revised to reflect that the termination of the Veteran's permanent and total disability rating for pension purposes was not proper. "
Applying these facts to the standard of revision or reversal of a Board decision on the basis of CUE, the Board finds that revision of the June 1986 Board decision is warranted.  It is undebatable that that decision erred in failing to apply 38 C.F.R. § 3.344(a). The Board now finds that all of the evidence of record at the time of the June 1986 Board decision did not clearly demonstrate a sustained improvement in the Veteran's psychological functioning.  As such, had the Board correctly applied the provisions of 38 C.F.R. § 3.344(a), it would have determined that the termination of the Veteran's permanent and total disability rating for pension purposes was not proper (i.e. a manifestly different outcome).  

Each of the Damrel elements is therefore satisfied.  The June 1986 Board decision is therefore revised to reflect that the termination of the Veteran's permanent and total disability rating for pension purposes was not proper.  The CUE motion is granted."

 
( This was a Motion to Revise a  BVA decision )
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4)

https://www.va.gov/vetapp21/files5/21030629.txt
"In sum, the RO reduced the Veteran's rating based on medical information that did not clearly show that any improvement observed at the time would result in the improvement in his ability to function under ordinary conditions.  The burden is on VA to show that a rating reduction is warranted, and, as set forth above, VA has failed to meet this burden.  As such, the 20 percent ratings for the right and left knee disabilities under diagnostic code 5010-5260 must be restored from August 1, 2016.  See Dofflemeyer, 2 Vet. App. at 277 (holding that where VA has reduced a veteran's disability rating without observing the applicable law and regulations, such a rating is void ab initio and restoration is required)."


This was an unusual added statement by the BVA to this decision)
 

"The Board apologies to the Veteran regarding the perplexity in this case."

This reveals that CUE claims can succeed but the denials of CUE at the BVA are very important to understand because they show exactly why the CUE claim failed and often they dismiss without prejudice ( meaning if the veteran properly prepares the CUE and cites the exact regulations the VA broke, and how the VA broke the regulation, then that new CUE should be filed.

Nothing is impossible!  
 

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