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CUE Resource Material

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TitanII

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Your best refernce for that is the Veterans Benefit Manual.  Its published by NVLSP and is about 100 to 200 dollars.  A subscription to Lexus Nexus legal site will cost you more, but will also provide the most current legal cases, too.  

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Since you have 'all that' 38 USC, 38CFR, and even the VBM, I am stunned that you find 'all that' as useless for historic regs..because the VBM makes numerous citations of even past COVA decisions and past older regulations...

But Broncovet is right. The lawyers who deal with Veterans claims have these older regs or at least access to them.

I might have some of them  as well ... I have 25 years of the VBM by NVLSP back to 1991. with citations going back further then that ,to Title 38,USC and 38 CFR.

However if you scan and attach the older decision here (include any rating sheet and the Reason and Bases part of the Evidence list)

we can help more. (Cover C file # , name, address prior to scanning it.)

The diagnostic code and rating criteria might not have changed at all since the older decision.***

Also, what have you done since getting that decision...meaning did you attempt to re open that specific claim?

Has the VA since the older decision service connected you in a subsequent decision for the same thing?

That is always a marker for potential valid CUE in an older denial.But that too has many nuances all explained here in our CUE forum.

If you have had any decisions from VA since the  past claim was filed, can you scan and post those decisions here too, as to their Reasons and Bases and Evidence list?

***PTSD for example.

My husband's Va initial award says"Nervous condition"  DC 9411.(1983)

By the time I met him at a vet center, the other vets had PTSD stated on their awards, instead of nervous condition.

At some point it appeared in his rating sheets as PTSD.

PTSD regs have changed once since then. The 2010 Reg change is here in the PTSD forum.

But very few compensation regulations , in my 30 years around the VA block, have changed at all.

 

 

 

 

 

 

 

 

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Certainly if you have a VBM for 1980, for example, the Law/Reg book has 1980 data for an alleged 1980 CUE - I mean - if you are going to allege CUE for a particular year you need to know what the law/regs/DC's were for that year, so a 1996 VBA is useless, although it might refer to an earlier reg or law in some footnote, but it's doubtful that would help a specific issue. I have located a service called HeinOnline that (for a fee) allows one to access old law and regs, State and Federal and appears to be the answer to going back to the fifties if need be.

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 "so a 1996 VBA is useless, although it might refer to an earlier reg or law in some footnote, but it's doubtful that would help a specific issue"

That was exactly my point, as to the older citation.  I would hate to see any vet have to spend money on a copy of old 38 CFR regulations.

And I do understand your frustration.

I buy the VBM from Lexis Nexis and I certainly feel their online site ( their contact people are very user friendly)

might have what you need and hopefully not too high priced.

But your situation might well be basis for a 38 CFR 3.156 claim instead of a CUE claim.

Can you tell us the diagnostic code they used and the NSC rating percentage? And what the disability was?

 

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I would think if a veteran has proved his/her Claim with out a shadow of doubt  is all he/sheneeds  to do and file the proper form  let the VA know all your evidence and why the CUE  Exist  Details as to your augment to the CUE.

As Ms berta pointed out the Regs 38 CFR's Have not changed in 30 years or so

& as broncovet mention

''The Veteran is supposed to get the more favorable, the new or the old regulation.  But that does not apply to CUE'' 

Remember when you file a CUE all the VA Duty  to assist and anything favorable  goes out the window  basically the veteran is on his own to prove CUE.

JMO

............Buck

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