MAYNARD S. DOFFLEMYER, APPELLANT, V. EDWARD J. DERWINSKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE.

2 Vet App 2772 Vet. App. 277; 1992 US Vet App LEXIS 831992 U.S. Vet. App. LEXIS 83

90-1078

March 31, 1992, Decided

UNITED STATES COURT OF VETERANS APPEALS

Before KRAMER, FARLEY and IVERS, Associate Judges.

Disposition                          

REVERSED. REMANDED

Counsel                 Joseph A. Violante for appellant.

                                Michael P. Butler, with whom Robert E. Coy, Acting General Counsel, Barry M. Tapp, Assistant General Counsel, and Andrew J. Mullen, Deputy Assistant General Counsel were on the brief, for appellee.

Opinion

Editorial Information: Prior History

On Appeal From The Board of Veterans' Appeals

Editorial Information: Subsequent History

As Amended April 8, 1992. Second Correction April 21, 1992.

Opinion by:                           FARLEY

{2 Vet. App. 278} FARLEY, Associate Judge: Appellant, Maynard S. Dofflemyer, appeals a Board of Veterans' Appeals (BVA or Board) decision of June 4, 1990, which purported to deny an increased rating for undifferentiated schizophrenia for which appellant had been service-connected at 100% from May 21, 1969, until its reduction to 10% effective May 1, 1989. Appellant argues that the Department of Veterans Affairs Regional Office (VARO) ratings decision of February 17, 1989, reducing his disability rating from 100% to 10%, and the BVA decision affirming the reduction, are void ab initio, as both the VARO and the BVA failed to apply _CFR_3.343 38 C.F.R. §§ 3.343(a) and 3.344(a). Because the Court finds that the BVA disregarded the provisions of § 3.343(a) and § 3.443(a), under 38 U.S.C. § 7261 (a)(3) (formerly § 4061(a)(3)), we are compelled to reverse the BVA decision and remand the matter with a direction that appellant's former 100% rating be reinstated with an effective date of May 1, 1989.