Questão jurídica principal
Whether the former pension grant was manifestly incorrect under Art. 53(2) ATSG and could be reopened by reconsideration
Decisão extraída
The original pension award was not unmistakably incorrect; the differing assessment of work capacity was still tenable on the basis of the records available at the time.
Fundamentação extraída
Reconsideration is only allowed for an obviously wrong original decision. A mere new evaluation of disability does not suffice, especially where the original assessment involved discretionary medical and evidentiary judgment. The previous 70% work-capacity assessment was supportable in light of the contemporaneous reports and BEFAS findings.