CompFox AI Summary
The Appeals Board dismissed the defendant's petition for reconsideration, finding their prior order was not a final decision and thus not subject to reconsideration. The Board also denied the defendant's petition for removal, upholding their authority to develop the record further. This was based on inconsistencies and lack of explanation in the Agreed Medical Evaluator's (AME) reports regarding the applicant's impairment. The AME will be provided with the complete formal DEU rating and a discussion of substantial medical evidence principles to issue a supplemental report.
Full Decision Text1 Pages
The Appeals Board dismissed the defendant's petition for reconsideration, finding their prior order was not a final decision and thus not subject to reconsideration. The Board also denied the defendant's petition for removal, upholding their authority to develop the record further. This was based on inconsistencies and lack of explanation in the Agreed Medical Evaluator's (AME) reports regarding the applicant's impairment. The AME will be provided with the complete formal DEU rating and a discussion of substantial medical evidence principles to issue a supplemental report.
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