Key legal question
Whether the revised medical assessment established a material improvement justifying revocation of the pension under Art. 17 ATSG.
Extracted holding
No; the alleged improvement, especially the disappearance of depression, was not proven as a relevant change from the original pension award.
Extracted reasoning
The original award was not based on a disabling depressive disorder; the contemporary records and the treating psychiatrist did not support such a diagnosis as work-relevant. The later expert retroactive assessment conflicted with the contemporaneous file and was insufficient to prove a revision-relevant change.