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ALBERT R. OLSON, APPELLANT, V. JESSE BROWN, SECRETARY OF VETERANS AFFAIRS
By Tbird
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{5 Vet. App. 431} MANKIN, Judge: Albert R. Olson appeals the November 27, 1990, Board of Veterans' Appeals (BVA or Board) decision which denied entitlement to an increased evaluation for undifferentiated schizophrenic reaction, currently evaluated as 70% disabling, and determined that new and material evidence had not been submitted to reopen his claim for a total evaluation (100%) based on individual unemployability, retroactive to July 1981. The Secretary of Veterans Affairs filed a motion for remand for the Board to consider whether appellant is currently entitled to a total evaluation based on individual unemployability. Appellant opposes this motion and contends that the decision which terminated his individual unemployability benefits contained clear and unmistakable error (CUE). We agree and are compelled to reverse the November 1990 BVA decision, as to this issue, and remand the matter for the Board to reinstate appellant's former total rating based on individual unemployability (IU), with an effective date of July 2, 1981. We affirm that part of the decision which denied an increased rating for schizophrenia. Read More...
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JOHN WILLIAM TERNUS III, APPELLANT, v. JESSE BROWN, SECRETARY OF VETERANS AFFAIRS
By Tbird
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{6 Vet. App. 371} IVERS, Judge: John William Ternus III appeals a September 6, 1991, decision of the Board of Veterans' Appeals (BVA or Board) which denied an effective date earlier than September 13, 1989, for a 100% rating for service-connected schizophrenia on the grounds that there was no clear and unmistakable error (CUE) in an October 1985 rating reduction or a September 1987 continuation of that reduced rating. John W. Ternus, BVA 91-26587 (Sept. 6, 1991). The Secretary has filed a motion for summary affirmance. The Court has jurisdiction over the case pursuant to 38 U.S.C. § 7252 (a). For the reasons set forth below, we reverse the September 1991 decision of the BVA. Read More...
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Amos E. Peyton, Appellant, v. Edward J. Derwinski
By Tbird
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{1 Vet. App. 283} This case comes to us on an appeal from a March 15, 1990, Board of Veterans' Appeals (BVA or Board) decision reducing the appellant veteran's disability compensation rating from 70 to 50 percent for his service-connected psychiatric disability. We vacate the Board's decision and remand for readjudication with specific findings and conclusions regarding all applicable issues and regulations as well as a statement of reasons or bases pursuant to 38 U.S.C. § 4004 (d)(1) (1988) and our decision in Gilbert v. Derwinski, U.S. Vet. App. No. 89-53 (Oct. 12, 1990).
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