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Exercise of Judgement used as denial for CUE
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Shyne-I
Hello All!!
It's been a long time!! I have been peeping in on you all every once in all while...coping skills are still not my friends of mine...Lol! I am so sorry to hear about Carlie and the others lost along the way.
I just got my decision back on that CUE I finally decided to file after all these years and it took them less than a month to deny it based on the fact basically that the alleged error involved an exercise of judgment which cannot be characterized as undebatably erroneous. How could it be an exercise of judgement if they have rules and regulations when it comes to ratings?? 38CFR. 4.7....I guess that makes it a judgement call but I thought it was always supposed to be in favor of the veteran!! But I know that the benefit of the doubt rule does not apply to a CUE....any thoughts on how to fight??
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Berta
Can you scan and attach the Reasons they gave in the denial here? (Cover C file # prior to scanning it) If you have read any of my posts in the CUE forum ,you will see that I NEVER gave up on my
Vync
I'm not sure what your CUE was about, but did the original rater explain how they came to the decision to award the wrong rating? I'm no CUE expert, but I am still learning. The whole "judgement
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