상이등급결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff, in Vietnam War, was recognized as a patient suffering from actual aftereffects of defoliants with respect to “urine disease” and “high blood pressure” as a patient suffering from potential aftereffects of defoliants, respectively.
B. On November 9, 201, the Plaintiff filed an application for a reclassification physical examination on which November 16, 201, and notified the Plaintiff on December 16, 201 that the instant wounds were subject to class 5 (with respect to the correction of both eyes, 0.1 and below 0.1), and that the blood pressure was lower than the grade. Accordingly, on April 3, 2012, the Defendant notified the Plaintiff on April 3, 201 that “Before the alteration: Grade 6(2) (Grade 6(2), 6(2), and high blood pressure rating) below, and subsequent disability rating after the alteration: Grade 5 (Grade 5, 5, 5, and below high blood pressure rating).”
(hereinafter referred to as “instant disposition”). [Grounds for recognition] A without dispute, Gap 1, Eul 1, Eul 2-1, the purport of the entire pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s instant disposition is unlawful for the following reasons.
(A) The Plaintiff’s assertion that the instant disposition constitutes deviation from and abuse of discretionary authority, but there is no reason to determine the disability rating, since it is not discretionary. The Plaintiff’s both correction vision of the Plaintiff’s two bills was less than 0.06, respectively, due to the lives certificate following the instant injury, and this constitutes class 3 subparag. 15 of the disability rating.
Due to the instant wounds, there were disabilities such as pathic damage and mathal pathalosis, etc., other than pathic damage, and considering all of them, the comprehensive disability rating in consideration of them falls under class 1.
The disposition of this case did not state the reasons for the disposition, such as the Plaintiff’s correction trial force.
(b) as shown in the attached Form of the relevant statutes.
C. (1) With respect to relevant data (1) Written application for a reclassification physical examination, such as physical examination table, etc. ( Plaintiff’s preparation on November 9, 201): Woou PRP5, 5-45, and 45 internal medicine departments of grade V 45: on July 10, 2007 on the date of the inspection, the final physical examination for urology, high blood pressure, and net body: Durology: Durology (Central Veterans Hospital): ou PRP 5-45, 5 internal medicine.