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CUE Clear and Unmistakable Error
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686 questions in this forum
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Improper handling of 1999 VA Compensation Claim
Improper handling of 1999 VA Compensation Claim I will do my best to present this in a short and respectful manner. I will do my best to truthfully represent all facts and evidence as it was presented in 1999 VA Claim. It is therefore I am seeking help in identifying any missing documents, missing evidence, non compliance of VA Regulations, etc... I will post the photo copies of the record on my C-file which I received in 2015. I will present the Claim as it was filed through the local VSO in Farmerville, Louisiana County/Parish: Union Subject: VA Compensation Claim for Albert Dodd Dated: 15 June, 1999 Copy of Claim Submission: ** ( A…
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r(1) CUE with prejudice
Happy Thanksgiving to all my Hadit.com friends.I don't file very many CUE claims but when I do, I drink Dos Equis beer and turn on the fire hose as I did here trying to get something to stick. Boy howdy did it stick. Every error I pointed out was duly noted and addressed. The gentleman I represent is severely disabled. VA did their level best to take advantage of his pro se wife's absence of VA knowledge and deprive her husband of his lawful benefits. She filed for advanced A&A SMC (t) but he served in Vietnam-not post 9/11 and is not entitled to (t) by law. Fortunately, she found me here on Hadit and contacted me to right this injustice. Instead of inferring t…
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WH email
They said they are reviewing something I had sent to the President. I CCed him on some suggestions I have made to Secretary Shulkin. One thing it could be is my suggestion for a Fast Letter on CUE within the appeal period. "I suggest that a Fast Letter be prepared to go to all VA Regional Offices and all Veterans Service Organizations, stating that: Upon receipt of any Regional Office decision that contains a valid and legal CUE either due to a violation of the VCAA ( 5103 Waiver) ,thus due process violation, that caused a CUE to occur in the decision, or due to the wrong diagnostic code on the rating sheet or due to any failure to consider probative evi…
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CUE for Peripheral Neuropathy
If I claimed "Neck Problems" when I retired in 2009, and I was diagnosed with the symptoms of peripheral neuropathy during my C&P exam, should I have been awarded peripheral neuropathy in addition to the cervical spondylosis I was rated for? Below is the CUE I just submitted along with all the medical records. I have to say, my new VSO, the local county guy, was a big help. He said I might have a problem since I originally claimed "neck" and not "radiculopathy", so I attacked that issue head on in my claim. The claim is now in eBenefits being reviewed. Hopefully it won't be combined with my other claims, which could take a while although the VA has all…
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38 CFR in previous years
Hello Veterans, I have been looking for the 1996 version of the 38 CFR, especially Book C. I am trying to research whether or not I have a valid CUE claim. The original decision was in 1996 and I need to find out the rules at the time of my denial. I have looked online but, maybe I am not very good at the search. Thank you for your help
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Weird Situation
I have a weird situation involving a couple of CUE claims . Right now the claim is at preparation for notification, but when it was pending decision approval , all of a sudden I had two separate SMC L ratings. The two separate SMC L ratings are still showing with the claim at preparation for notification. Should I be getting really happy or is this some kind of glitch most likely?
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What happens when the Agency of Original Jurisdiction receives a Motion for CUE?
Is the CUE separate from a NOD as it pertains to the VA breaking regulations/laws which weren't raised in the NOD. Does a CUE move faster?
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CUE & SMC questions as surviving spouse
I uploaded (last week) some of the decisions my late husband had gotten and Berta spotted a couple CUEs and gave me some help in drafting them. Berta if you are able to help with a few more questions Please? I have only 2 more days till my year is up from the DIC/Accrued benefits claim where DIC was awarded and Accrued denied saying there aren't any. At that time also, I intended Substitution but the VA form got separated (my fault) and didn't get submitted. I, however, wrote it into the 21-534EZ form and checked it. I also included a cover letter that said explicitly I was substituting for any and all accrued benefits... They didn't address substitution in thei…
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CUE Karmageddon
I love antique CUE. VA makes so many mistakes it's almost impossible not to find one of these in your files. Finding another after you find one in the same decision is a hoot, too. https://asknod.org/2017/08/05/malcolm-in-the-middle-part-iv-karmageddon/
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SMC Cuerinos-please check this out
https://community.hadit.com/topic/70298-persistant/?page=2#gsc.tab=0 and opine on it.
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What do you think of this?
I currently have a case at BVA and was looking at my records and discovered that I asked for CUE from the Board. It is on the third page of this document. My memory is so bad that I forgot I did this when my case went to BVA. Anybody have any idea if this would even hold up? PDFescape - Free Online PDF Editor, PDF Form Filler & PDF Viewer.pdf
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Military Dr. states medically retired but I am not.
I am not sure what to do about this or if I should do anything. I was discharged for panic disorder in 1985. I received severance pay and told to go to the VA. I never met an AF medical Board nor had an AF. Medical Exam. I was at admitted William Beaumont Army Hospital in TX. That was the closest hospital to deal with my panic attacks. Plus the 5 different drugs that the AF had me on that I needed detoxed to make me able to function. I went through terrible withdrawal and had a stroke or Bells Palsy. No mention in my medical records. The Army doctor was scared he did wrong not slowly getting me off the prescribed medications. Abruptly did me damage. Anyw…
0 votes6 answers
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