Pirkl v. Shinseki, No. 12-7067 (Fed. Cir. 2013)
Annotate this CasePirkl served in the Navy, 1947-1949. Effective in 1949, the VA awarded him disability benefits for paranoid schizophrenic reaction, evaluated as 10% disabling. A regional office increased his disability rating to 100%, effective in 1952. In 1953, the office reduced the rating to 70%. Pirkl did not appeal. In 1956, the office reduced Pirkl’s rating to 50%, based on a newly acquired medical examination and changes in Pirkl’s employment status. Pirkl did not appeal. In 1966, the office reduced the rating to 30%. The Board of Appeals affirmed. In 1991, Pirkl was awarded a 100% disability rating, effective 1988. In 2001, Pirkl unsuccessfully sought to revise the 1953, 1956, and 1966 rating decisions based on clear and unmistakable error (CUE). In 2005, Pirkl filed Notice of Disagreement with respect to the 1953 rating. The Board found CUE. The regional office awarded a 100% rating for 1952 to 1957, when the 1956, decision made effective a 50% rating. The Board dismissed Pirkl’s claim for 100% disability for the entire period between 1952 and August 30, 1988. The Veterans Court affirmed. The Federal Circuit vacated and remanded, concluding that the Board did not consider the effect of certain regulations governing a reduction of a total disability rating.
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