Key legal question
Whether the 2000 pension award could be reconsidered and set aside under Art. 53(2) ATSG
Extracted holding
The 2000 award was manifestly incorrect because the administration had failed to carry out the fact-finding ordered in the prior remittal and had violated the investigative duty.
Extracted reasoning
The relevant point of review was the 2000 decision, not the later 2006 recalculation. Since the earlier award had been made without the required neurological and neuropsychological clarification, reconsideration was permissible.