Eleanor G. Joyce v. Peter O’Rourke
Appeal From: Department of Veteran Affairs
Fee Status: dfh
Memorandum Decision that the Court AFFIRMS the Board’s January 12, 2017, denial of TDIU for the years 1955 to 1960; REVERSES its decision with respect to the years 1961 to 1971, 1973 to 1976, and 1979 to 1986, and DIRECTS that TDIU be awarded for those years; and SETS ASIDE its determinations for the years 1972, 1977, 1978, and 1987 to 1990, and REMANDS the issue of TDIU for those years for further proceedings consistent with this decision. (DAVIS) (MVL)”
If you click on the box by the Memorandum Decision the case will pop up from the transport room.
The widow wasrepresented by one of the BEST- Ken Carpenter.
This brief quote from page one of the CAVC decision as well as the entire decision from the court- reveals that NOTHING IS IMPOSSIBLE!
“I. ANALYSIS After a short period of active duty during the Korean conflict, Mr. Joyce received a medical discharge in 1955 for a duodenal ulcer. This condition continued to trouble him after service and a long history of claims for VA disability benefits followed.1 At the time of his death in July 2008, 1 A precedential decision of this Court that the presumption of aggravation had not been rebutted led to a determination that there was clear and unmistakable error (CUE) in the 1955 denial of Mr. Joyce’s initial claim. See Joyce v. Nicholson, 19 Vet.App. 36 (2005); Record (R.) at 414-21 (Mar. 2007 Board decision), 474 (copy of Court decision).”
I am sending Ken an email to congratulate him – we conversed in the past about 38 USC and many other vet issues.
The widow ( and the vet in his lifetime) had the only thing vets and their survivors need….EVIDENCE.
This case will help any widow with an accrued claim………(if they have EVIDENCE)