Fugo v. Brown
United States Court of Appeals for Veterans Claims
6 Vet. App. 40 (1993)
- Written by Carolyn Strutton, JD
Facts
Joseph Fugo (plaintiff) was a veteran who suffered from posttraumatic stress disorder (PTSD) and sought service-connected-disability benefits from the Department of Veterans Affairs (the VA) (defendant) for the condition. Fugo’s claim eventually came before the Board of Veterans’ Appeals (the board), which granted him a 70 percent disability rating with an effective date of 1989. In 1990, Fugo sought to have his case reopened and his rating increased. In 1993, the board held that Fugo was entitled to a 100 percent rating for PTSD, with an effective date back to 1990. Fugo appealed, claiming that his 100 percent rating should have an earlier effective date and that the board decision included clear and unmistakable error (CUE). In support of this argument, Fugo made vague and general allegations that the board had ignored evidence and failed to apply regulatory and statutory provisions properly.
Rule of Law
Issue
Holding and Reasoning (Holdaway, J.)
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